Deportation & Asylum

With a population of 44.8 million immigrants, the United States is the country with the most immigrants in the world, of which only 77% reside legally. With this population, the United States has stricter immigration laws where people have been deported even on minor drug possessions. Due to this, thousands and thousands of people are deported every year. On the other hand, due to various emergencies, race, religion people have to seek asylum in other countries. If stats are to be believed, over 63000+ asylum seekers came to the US in 2018, and due to which the number of refugees was capped to 18000, with over 65% of asylum cases being denied in 2018. Deportation and asylum both have been a complex issue in the United States, but what do these definitions mean, and what has been the difference between the two? Let’s understand! 

Haq Immigration

Deportation

Work Visas

This is a formal process of removing foreigners from the United States for violating the country’s immigration law like indulging in illegal activity or having proper documentation showing that they legally entered the United States or seem like a threat to public safety. The grounds of deportation are mentioned under section 237 of INA which states the person will be deported if commits crimes like an aggravated felony, moral turpitude, or domestic violence within 5 years of staying in the U.S smuggling other aliens or committing fraud related to documentation or drug-related violations. 

Process of Deportation 

People who have been arrested, are on voluntary departure, or are on expedited removal have different processes. People who have been arrested are sent to U.S immigration and customs enforcement custody. In other cases, a notice to appear is issued before 10 days appearing in the court by the immigration officer stating why the person is being removed from the U.S. Further, it involves bond hearing, master calendar hearing, merit hearing, and finally, order of removal and appeals. 

Asylum 

Asylum is a kind of protection provided to foreign nationals to remain in the United States if the people are facing any kind of persecution or harm based on membership, political opinion, nationality, membership in social group, race, or religion. The right to seek asylum was added in International law at the time of world war II and was incorporated into the important provisions through the refugee act 1980.

To seek asylum status, you need to meet the requirements mentioned in 8 U.S.C § 1158. Meaning thereby, you must establish a connection between the harm due to which you do not wish to return to your home country and any of the five grounds stated above. Further, you are required to apply for asylum and withholding of removal under form I-589. Asylum applications are made in two ways. 

Pham Haq

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San Diego, CA 92105

Phone

(619) 997-7493

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