¿Me pueden expulsar de Nueva York sin previo aviso?

If you are an immigrant in the United States, you may wonder, “Can I be deported from NYC without a warning?” Unfortunately, there are situations where you can be deported without warning. Expedited removal can occur for anyone who has been unlawfully in the United States for less than two years.

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It can be overwhelming to face the threat of expedited removal alone. When you’ve worked hard to create a life in the United States, let Pollack, Pollack, Isaac & DeCicco, LLP, fight for your right to remain here. Nuestro equipo has professional knowledge of New York City deportation laws.

History of Expedited Removal

Expedited removal was created in 1996 by the Illegal Immigration Reform and Immigrant Responsibility Act. Expedited removal originally gave low-level immigration officers the ability to remove non-citizens without a hearing before an immigration judge. Some changes to who can be removed have occurred since:

• 1996 – Applies to non-citizens who arrived at a port of entry or those who entered without inspection and who have resided in the United States for less than two years. Non-citizens who lack proper entry documents or who sought entry through fraud or misrepresentation are eligible for expedited removal.
• 2002 – The restrictions for entry were expanded to include any non-citizens who entered by sea without inspection.
• 2004 – The restrictions for entry were again expanded to include any non-citizens who crossed a land border without inspection if they encountered immigration within two weeks of arrival and within 100 miles of the border.
• June 2020 to March 2022 – Expanded expedited removal guidelines created. Non-citizens apprehended anywhere in the United States who have resided in the U.S. for less than two years, who entered between ports of entry, or have had their parole status revoked, are subject to expedited removal.
• March 2022 – The expanded expedited removal policies, which took effect in June 2020, were rescinded.
• January 2025 – The expanded expedited removal guidelines introduced in June 2020 are once again in effect.

Prevalence of Deportation and Removal in the United States

Immigration laws are enforced by the U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ERO) officers. ERO officers report to 25 field offices with geographic areas of responsibility throughout the United States. Statistics published by ERO, for 2024, tracked arrests:

• 57,688 for criminal convictions
• 23,624 for pending criminal charges
• 32,119 for other immigration violations

The ERO also tracked detentions in 2024:

• 70,279 for criminal convictions
• 181,106 for pending criminal charges
• 26,528 for other immigration violations

Removals in 2024 were also tracked by the ERO:

• 68,266 for criminal convictions
• 20,497 for pending criminal charges
• 182,721 for other immigration violations

Consequences of Expanded Expedited Removal

Expanded expedited removal allows immigration officers to make determinations of immigration status and whether someone should be deported, without allowing an immigration judge to examine the facts of the case and make a determination. These laws have had consequences for immigrants in the United States, including:

• Erroneous deportations. Immigration officers rarely allow immigrants enough time to show proof that they are in the country legally or that they have resided in the country for longer than two years, leading to erroneous deportations.
• Infringement of civil liberties. The lack of a judicial hearing prevents the individual from having legal counsel, calling witnesses, or producing evidence to counter the claim that they are in the country illegally.
• Failure to protect asylum seekers. Without a proper hearing, individuals who would otherwise have the opportunity to obtain access to the U.S. asylum system are being funneled into the expedited removal process.
• Lack of judicial review. Non-citizens who have been removed through expedited removal processes do not have the right to challenge the removal in court. If immigration officers act unlawfully, there is no means to challenge their decisions in court.

Preguntas frecuentes

Q: On What Grounds Can You Be Deported?

A: You can be deported for numerous reasons. Violating your status by being inadmissible at the time of entry, failure to maintain resident status, violating the Immigration and Nationality Act, assisting illegal immigration, or entering into a fraudulent marriage to obtain citizenship are all grounds for deportation. Engaging in, admitting to, or being convicted of certain criminal activities can lead to deportation.

Q: What Should I Do If I Fear Being Deported as a Legal Non-citizen?

A: If you fear you might be deported as a legal non-citizen, you should consult with a deportation attorney. A deportation attorney can offer guidance on the appropriate next steps. Gather proof of your continuous U.S. presence and keep it in a safe place. Make sure someone you trust knows where your documents are located. If you are detained, request legal counsel, remain silent, and do not sign anything.

Q: Who Is at the Highest Risk of Being Deported?

A: There are several different types of people at the highest risk of being deported, including undocumented immigrants, anyone who has had their temporary protected status revoked, and anyone with deportation orders. Any immigrants with criminal convictions or who have had contact with law enforcement are at increased risk of deportation. Violating the terms of a visa can also lead to deportation.

Q: Are There Benefits to Self-Deportation?

A: Yes, there are benefits to self-deportation if you are at risk of being deported. Choosing to self-deport allows you to get your affairs in order before leaving, gather personal belongings, and say goodbye to your loved ones. If you are detained, you may not have the opportunity to do these things, and you may remain in detention for several months. It is possible to be barred from reentry if you are removed, but self-deporting can prevent being barred.

Póngase en contacto con Pollack, Pollack, Isaac & DeCicco, LLP hoy mismo

When you need to hire a deportation lawyer, you want someone who can communicate easily and work tirelessly for your right to remain in the United States. Our team at PPID speaks numerous languages and offers online and face-to-face consultations.

We are a full-service law firm offering skilled guidance when you’re facing deportation. With clients around the globe, we’ve been recognized by U.S. News and World Report as one of the Best Law Firms in New York City. Contact us today to programar una consulta.

Sobre el autor

Conrad E. Pollack

Conrad E. Pollack es Socio Gerente y Director de Inmigración en Pollack, Pollack, Isaac & DeCicco, LLP. Se graduó Magna Cum Laude de la Universidad de New York y obtuvo su J.D. de la Facultad de Derecho de Brooklyn. Con más de tres décadas de experiencia en derecho de inmigración, Conrad ha ayudado a innumerables clientes a alcanzar su sueño americano. Bajo su liderazgo, PPID se ha expandido significativamente, abriendo nuevas oficinas en Peekskill y Brooklyn, NY. Es miembro de la Asociación Americana de Abogados de Inmigración y ha sido reconocido por su excelencia profesional con numerosos premios y distinciones. Educación: Licenciada Magna Cum Laude por la Universidad New York; Doctora en Derecho por la Facultad de Derecho Brooklyn. Premios: Ha recibido numerosos premios a la excelencia profesional. Afiliaciones: Miembro activo de la Asociación Americana de Abogados de Inmigración.

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