What to Do if You’re Facing Deportation

Facing deportation can be an overwhelming and stressful experience, but it’s important to know that you have rights and options. Whether you’ve received a Notice to Appear (NTA) or are dealing with an unexpected ICE detention, understanding the steps to take can make a significant difference in your case. In this article, we’ll walk you through practical actions you can take, your rights during deportation proceedings, and tips for finding the right legal help.

Notice to Appear (NTA)

The Notice to Appear (NTA) is the document that officially starts removal proceedings. It outlines the government’s reasons for seeking your deportation and includes the date, time, and location of your first immigration court hearing. Here’s what you should do if you receive an NTA:

Read the NTA Carefully

Verify the information on the NTA, such as your name and the charges against you. Note the date and time of your court hearing. Missing this hearing could result in an automatic deportation order.

Start Preparing Your Defense

Begin collecting important documents, such as your immigration history, proof of lawful presence, or evidence of family ties in the U.S. Consider possible defenses, such as applying for asylum, cancellation of removal, or adjustment of status.

Seek Legal Advice Immediately

An experienced immigration attorney can evaluate your case and help you understand your options. Don’t wait until the last minute to seek legal assistance, as building a strong defense takes time. Immigration law is complex, and deportation cases can involve intricate legal arguments and procedures. Having a knowledgeable attorney by your side is one of the most critical steps you can take.

How an Attorney Can Help

• Assess Your Case: An attorney can identify possible defenses or relief options based on your circumstances.

• Represent You in Court: Your lawyer can argue on your behalf, present evidence, and challenge the government’s claims.

• Navigate Paperwork: Filing applications or motions correctly and on time is crucial in immigration cases.

  
  

Rights During Deportation Proceedings

Even if you’re facing deportation, you still have rights. Knowing and asserting these rights can help protect you during the process.

Right to Legal Representation

You have the right to hire an attorney to represent you, but the government is not required to provide one. This means you must pay for legal representation yourself or seek free or low-cost assistance. It’s highly recommended to have a lawyer, as immigration judges are not allowed to give you legal advice.

Rights During ICE Raids or Detentions

• Stay Silent: You have the right to remain silent and not answer questions about your immigration status.

• Do Not Sign Anything Without Legal Advice: ICE officers may pressure you to sign documents, but doing so could waive your rights or expedite your deportation.

• Ask for a Lawyer: If you are detained, request to speak with an attorney immediately.

How to Gather Evidence for Your Case

Building a strong defense requires solid evidence. The more prepared you are, the better your chances of success in immigration court.

Gather Important Documents

• Birth certificates, marriage certificates, or other proof of family relationships.

• Employment records, tax filings, or proof of community involvement.

• Evidence of hardship, such as medical records or affidavits from family members.

  
  

Collect Witness Testimony

Friends, family members, or colleagues who can vouch for your character and contributions to the community can provide written statements or testify on your behalf.

Document Everything

Keep a detailed record of interactions with ICE, court dates, and any communications related to your case.

How to Choose the Right Attorney

• Look for an attorney who specializes in immigration law and has experience with deportation defense.

• Check reviews, credentials, and references before making a decision.

• Be cautious of notarios or unlicensed individuals offering legal services—they are not authorized to represent you in court.

Facing deportation is undoubtedly challenging, but you don’t have to navigate it alone. By understanding your rights, gathering the necessary evidence, and seeking professional legal help, you can take control of your situation and work toward the best possible outcome. Remember, time is critical in these cases, so act quickly and take advantage of the protections and opportunities available to you. For more information on how we can assist you, please visit our website at www.elizeelawfirm.com or email us at intro@elizeelawfirm.com.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.