What Are The Possible Legal Defenses Against Deportation?
Anyone who is looking for a deportation defense attorney is probably also thinking about how they can present their case. If you're not sure which defense you should consider, take a look at these 6 possible options.
It's a Mistake
The ideal scenario is that the deportation case is a flat-out mistake. For example, there might have been an error in the database while you were changing your status. You may have to appear at a hearing, though.
Collect all of the documents you have attesting to your current status. Make copies and provide them to your deportation defense lawyer.
Torture, Abuse, or Crime Victim Status
If there is a valid fear that you might be victimized upon return to your country of origin, you have the right to ask the court to cancel the deportation proceeding. The standard of evidence is that it would be "more likely than not" that you would be victimized by the government, a criminal group, or a relative if you returned.
Deferred Action
Deferred action is based on a decision by the U.S. government to place deportation on indefinite hold. The most well-known form of this is DACA, Deferred Action for Childhood Arrivals. DACA recipients are allowed to stay if their parents illegally brought them to the U.S. as minors. However, the government decides these issues on a case-by-case basis so you'll have to argue that you deserve deferred action if you didn't receive it before the deportation notice.
Hardship for Others
You can also argue that your deportation would impose an undue hardship on a U.S. citizen or someone who is a legal immigrant. Generally, someone asserting this defense has to have been in the country for 10 or more years before the receipt of a deportation notice. They also must have an established relationship with a legal resident or citizen as a spouse, child, or parent.
Voluntarily Leaving
If you have no good defense options, you can at least avoid the pain of an Immigration Court loss. This increases the chances of returning to your country of origin, obtaining a visa, and then coming back to America. Typically, it's much harder to do this if a court has formally deported you.
Temporary Protected Status
Some countries struggle to take in returning nationals. If you would be stuck in legal limbo due to deportation to your country of origin, you can argue that you should be allowed to temporarily stay in the U.S.
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