Noncitizens in Removal Proceedings Can Seek Relief From Deportation

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Immigration is a vital part of the American economy. Undocumented immigrants are a vital source of labor, and they provide a host of other economic benefits to communities across the country, including paying taxes, purchasing goods, and contributing to the solvency of Social Security and Medicare. Mass deportation of all undocumented immigrants would cost hundreds of billions in federal, state, and local tax revenues. It would also cost trillions in lost national output from the loss of workers, consumer spending, and investment.

In addition, removing large numbers of people from the economy and from their homes would create immense financial strain on millions of families. The four million American children in mixed-status households—half of all children in the United States—would be directly affected by a mass deportation campaign, losing out on the income that their parents and other relatives provide. This would put enormous pressure on those families to maintain their quality of life and support a growing family.

Under current immigration law, a noncitizen in removal proceedings can seek relief from deportation through a number of paths, depending on their circumstances. For example, someone with a criminal record can apply for cancellation of removal or a waiver to stay in the U.S. if they can prove that their crime did not occur in the course of seeking admission to the country or that it was not an aggravated felony, such as armed robbery or murder. In addition, an individual may be able to remain in the country if they can prove that they have good moral character, have been here for a long time and contributed to society, and do not have a serious criminal history. They must, however, meet the following requirements:

A noncitizen in removal proceedings can also request a stay of removal or an adjustment of status by showing that they have an eligible U.S. citizen or permanent resident spouse or parent who is willing to sponsor them. They must also show that they have met the statutory criteria for the path they are seeking, which requires that they be admissible (haven’t committed crimes like trafficking in narcotics or a weapons offense) and that they meet certain other requirements, such as proof of sponsorship and meeting a minimum income requirement.

Most individuals who have been removed from the United States are barred from returning for a period of five, ten, or 20 years, depending on their status and the reason for their deportation. In some cases, a person can get a waiver to return earlier, but it is very difficult.

Many of the individuals who are subject to deportation have ties to the United States, and many of them have lived here for decades. Widespread deportation operations would pull them apart from their loved ones, and in many cases would force them to return to countries they know little about. This would harm the interests of those who are working to rebuild their home countries, while also causing great hardship for U.S.-born family members and their children.