Deportation vs. Removal: Understanding the Difference in New York

Terms like “deportation” and “removal” are often used interchangeably by most people under New York’s immigration law. However, while they both refer to expelling non-citizens from this country, their legal definitions and consequences are different. New York, with its large immigrant population and particular immigration problems, makes all the difference. 

Understanding the differences between deportation and removal will help to easily navigate through the seemingly complex New York legal immigration system for these two intertwined ideas. 

What Is Deportation?

Deportation is the formal extradition of a non-citizen from the U.S. for having violated immigration laws. It referrs to the process of expelling non-citizens who had previously entered the United States legally but then broke rules or conditions, leading to their expulsion. Indexes for deportation may include overstaying a visa, non-compliance with immigration procedures, or posing active security threats.

During the deportation process, an immigration judge usually holds a hearing at which the person can fight against their deportation if deemed unjust. At this hearing, individuals may assert defenses and make requests for some forms of relief from outright deportation (i.e., asylum, family ties, or other hardships).

What Is Removal?

Removal is the formal process of expelling non-citizens from the United States for violating immigration laws or conditions. Unlike the older term ‘deportation’, which applied only to people who were here legally, ‘removal’ covers people who entered the U.S legally and people who entered without being authorized. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) implemented its sweeping changes to deportation and exclusion proceedings under the unified heading of ‘removal.’

Removal proceedings in the U.S. start when the Department of Homeland Security issues a Notice to Appear, leading to hearings before an immigration judge. Respondents can present defenses, such as asylum or cancellation of removal, to argue against deportation.

The judge then decides, which can result in either an order of removal or granted relief. If the decision is unfavorable, individuals can appeal to the Board of Immigration Appeals and, if necessary, to federal courts.

Major Differences Between Removal and Deportation In NY 

In New York, removal and deportation are terms often used interchangeably, but they have distinct legal meanings in the context of immigration law. Removal, on the other hand, refers to the formal process by which an immigration judge orders a non-citizen to leave the U.S.. This process typically follows a hearing and can be triggered by violations such as overstaying a visa, committing a crime, or illegal entry. Removal may include the possibility of appealing the decision. Deportation, however, specifically refers to the action taken by U.S. immigration authorities to expel an individual from the country, often due to violations like illegal entry or overstaying without proper authorization. Deportation is a subset of removal but typically comes with harsher consequences, such as a permanent bar from re-entering the U.S., depending on the offense. Both processes can have serious long-term effects on an individual’s immigration status, making it essential to understand the legal distinction between them.

Conclusion

‘Deportation’ and ‘removal’ are both processes by which non-citizens in the United States are expelled, but the distinctions between the processes are legally important and practically significant. Originally, deportation meant those who had entered the country on legal terms but violated some of them, while now removal refers to the action that includes unauthorized entry. 

Eliud Zavala, our New York immigration attorney, will help you with solid defense tactics to overturn your conviction or settle any issue surrounding your immigration status.