What is Removal Proceedings? Immigration Matters by Huma Kamgar

Removal and Removal proceedings are nightmares of undocumented aliens in USA.

Once an undocumented immigrant is arrested by Immigration authorities, the ICE deportation officer will make an initial determination as to whether to place the person into removal proceedings and, if so, how to charge the person. Most often, the charge will be unlawful entry into the U.S., overstaying a non-immigrant visa, or one of various criminal grounds, if you were previously arrested and convicted of a crime.

To initiate removal proceedings, the deportation officer will serve you and the immigration court with a Notice to Appear (NTA). The Notice to Appear lists the immigration-related charges against you. You then have the right to see an immigration judge. The immigration judge does not work for ICE — he or she is part of the U.S. Department of Justice and is there to give you a fair trial.

If you do not agree with the charges, you can fight them. Even if the charges are correct, you may still be eligible for relief from removal. For a discussion of possible defenses, see “Once an undocumented immigrant is arrested, the ICE deportation officer will make an initial determination as to whether to place the person into removal proceedings and, if so, how to charge the person. Most often, the charge will be unlawful entry into the U.S., overstaying a non-immigrant visa, or one of various criminal grounds, if you were previously arrested and convicted of a crime.

To initiate removal proceedings, the deportation officer will serve you and the immigration court with a Notice to Appear (NTA). The Notice to Appear lists the immigration-related charges against you. You then have the right to see an immigration judge. The immigration judge does not work for ICE — he or she is part of the U.S. Department of Justice and is there to give you a fair trial.

If you do not agree with the charges, you can fight them. Even if the charges are correct, you may still be eligible for relief from removal. For a discussion of possible defenses, see “Possible Defenses to Deportation of an Undocumented Alien.”

Removal proceedings can be lengthy, sometimes taking years to complete. As long as you do not have a prior order of removal, nor sign agreement to your deportation or accept voluntary departure, you will not be immediately deported just because you are caught.

Removal proceedings can be lengthy, sometimes taking years to complete. As long as you do not have a prior order of removal, nor sign agreement to your deportation or accept voluntary departure, you will not be immediately deported just because you are caught.

Huma Kamgar Immigration Attorney

What goals must be reached before undocumented immigrants can gain legal resident status?

One of the primary purposes of the bill is to provide a path to Lawful Permanent Residence (a “green card”) for the existing undocumented population via the new Registered Provisional Immigrant (RPI) program. Before Registered Provisional Immigrants can apply for Lawful Permanent Resident status, several security goals, or “triggers,” must be met: the Southern Border Security Strategy must be deployed and operational, the Southern Border Fencing Strategy must be implemented and 700 miles of fencing completed, a mandatory employment verification system for all employers must be implemented, an electronic exit system must be implemented at all air and sea ports where Customs and Border Protection officers are present, and at least 38,405 full-time Border Patrol agents must be deployed along the southern border.

Illegal Immigration: Huma Kamgar, Attorney, NYC

There are a number of ways that an undocumented immigrant can come into ICE custody. For instance, you may be arrested during a workplace raid. Or, you may be arrested at your home. Keep in mind that if an immigration officer comes to your home, you do not have to let the officer in unless he or she has a warrant. Because of their enforcement priorities and limited resources, ICE officers are more likely to look for you in your home if you have been convicted of a crime.

Additionally, the initial arrest of an undocumented immigrant may not necessarily be by ICE. You may be taken into custody by another law enforcement agency -- for example, state or local police, following a criminal arrest or even a minor traffic violation. If you are within a hundred miles of the border, be aware that officers of U.S. Customs and Border Protection (“Border Patrol”) are out there looking for undocumented immigrants as well.

After you are arrested, the police may decide to contact ICE if they believe that you are an undocumented immigrant, or ICE may contact the police if they want to interview you regarding your immigration status. This most often happens when jails input detainee information into databases shared with ICE. In such cases, ICE will file what's called a "detainer." This means that ICE cannot get to you immediately, but is asking the police or jail to hold you for an additional amount of time so that ICE can interview you at a later time to determine whether or not to place you into removal (deportation) proceedings.

Under the law, the maximum amount of additional time that you can be held on ICE's behalf is 48 hours. If ICE does not take custody of you within those 48 hours, the law says you must be released.

ICE does not always put everyone they arrest into custody. Sometimes they let people, especially parents with young children, go home. ICE will gather information about you and can still try to deport you, but at least you won’t have to spend any time in an immigration jail. 

You should do whatever you can to become legal in the United states before it is too late.

Huma Kamgar, Esq.,