Godoy Olivieri, Ltd.-An immigration law firm
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Some immigrants face deportation without the chance for trial

Immigrants and other residents of Chicago, Illinois, may be interested to know that many undocumented immigrants, up to 40% of all those who get deported, are forced to leave the United States without a trail. These immigrants never have the opportunity to see an immigration judge and to tell their side of their stories in the hopes that they could stay in the United States.

Many immigrants facing deportation elect to return voluntarily to their home countries. While this means that they still have to leave, they do not have to bear a permanent black mark on their records that could lead to summary removal. It also eliminates the possibility of criminal charges, if they attempt to return to the United States illegally.

More recently, however, a problematic new deportation process has become more popular. This "expedited removal" allow federal officials to detain an immigrant close to the national border. In order to use this process, the immigrant must have been in the country for less than two weeks. Nonetheless, while officials are supposed to bring the immigrant before an immigration judge, if the immigrant might have a valid defense to deportation, there does not appear to be any automatic legal mechanism that would require them to do so.

Unlike a "voluntary return," an expedited removal remains on a person's immigration record. It also means the possibility of criminal charges and even more truncated legal proceedings should that person be detained in the United States again. Some argue that an "expedited return" runs afoul of due process. In any event, a person who is facing an expedited return may need to consult with an experienced immigration law attorney immediately, particularly if he or she has a defense to deportation.

Source: New Republic, "Deported without seeing a judge: one of the worst parts of the immigration system," Nora Caplan-Bricker, April 14, 2014.

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Godoy Olivieri, Ltd.-An immigration law firm

2021 Midwest Road
Suite 200
Oak Brook, IL 60523
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
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1655 S. Blue Island Ave.
Suite 300
Chicago, IL. 60608
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
Map & Directions