Across the United States, there have been hundreds of reports of immigrants and noncitizens being arrested and deported without a fair hearing before an immigration judge. These cases raise serious questions about due process and the rights of individuals facing removal. In California, where millions of immigrants live and work, understanding when deportation can happen without a hearing and how an immigration attorney can intervene is critical for protecting yourself and your loved ones.
What Is Deportation Without a Hearing?
Under normal circumstances, deportation (also called “removal”) requires a formal process. This includes a hearing before an immigration judge, the opportunity to present evidence, and the right to be represented by an attorney. However, there are exceptions that allow the government to remove someone from the country without these protections. This is known as expedited removal or summary removal.
Expedited removal allows immigration officers to deport certain individuals immediately, without appearing before a judge. This process is typically used at ports of entry, airports, or near border areas, but in recent years it has been expanded to apply anywhere in the United States. Noncitizens who cannot prove that they have been continuously present in the country for at least two years may be subject to this process.
While expedited removal is designed to speed up enforcement, it can also lead to mistakes, wrongful deportations, and violations of basic constitutional rights. Many people who are legally in the U.S., including asylum seekers, permanent residents, and visa holders, have been wrongfully detained or deported because they did not receive a fair hearing.
Who Is at Risk of Deportation Without a Hearing?
Several categories of individuals may face expedited or summary removal under federal immigration laws. These include:
- People who entered the U.S. without valid documentation and have been in the country for less than two years.
- Individuals stopped at airports, seaports, or land borders who are accused of using false documents or lying about their immigration status.
- Noncitizens previously ordered removed who reentered the country without permission (subject to “reinstatement of removal”).
- People who waived their right to a hearing by signing voluntary departure or stipulated removal documents without understanding the consequences.
Unfortunately, ICE and Border Patrol officers have significant discretion in these cases. Without an attorney, many people do not realize that they have legal rights or that they can challenge their removal. Errors in recordkeeping, mistaken identity, and language barriers often result in people being deported who actually have valid legal claims or immigration status.
Your Rights Under U.S. Immigration Law
Even if you are facing expedited removal, you still have rights under U.S. law. The Constitution protects everyone in the country, not just citizens. You have the right to remain silent, the right to an attorney (although the government does not provide one for free), and the right to request a hearing if you fear returning to your home country.
If you tell an officer that you are afraid to return home, you should be given the chance to speak with an asylum officer for a “credible fear interview.” If you pass that interview, your case will be referred to an immigration judge for a full hearing. Unfortunately, many people are never told about this right or are rushed through the process before they can request protection.
In California, local laws and advocacy efforts have created additional protections. Many cities and counties, including Los Angeles, have “sanctuary” policies that limit cooperation between local law enforcement and federal immigration agents. However, these policies cannot prevent ICE from conducting enforcement actions or detaining individuals who they believe are removable.
How an Attorney Can Help Stop a Deportation
Even if you or a loved one is detained or facing expedited removal, it is not too late to get legal help. An experienced immigration attorney can intervene in several ways to protect your rights and fight for your release. Some of the most effective legal strategies include:
- Filing a stay of removal: Your attorney can request an emergency stay to temporarily halt deportation while your case is reviewed.
- Requesting a bond or parole hearing: In some cases, your lawyer can ask the court or immigration authorities to release you from detention while your case proceeds.
- Challenging expedited removal: If you were removed or are about to be removed without due process, your attorney can file a petition in federal court arguing that your rights were violated.
- Filing a motion to reopen or reconsider: If you were previously ordered removed, your lawyer can ask the court to reopen your case if new evidence or legal errors exist.
- Applying for relief: Your attorney can help determine whether you qualify for asylum, cancellation of removal, adjustment of status, or other immigration benefits that could prevent deportation.
The deportation defense attorneys at Hanlon Law Group have decades of experience representing individuals facing removal in California and throughout the United States. Our team understands the urgency of these cases and works quickly to protect your rights, stop deportation, and pursue all available forms of relief.
What You Can Do to Protect Yourself and Your Family
Preparation can make a difference in the event of an ICE raid or sudden arrest. Immigrants and their families should create an emergency plan that includes:
- Keeping important documents, such as passports, green cards, and court records, in a safe and accessible place.
- Memorizing the phone number of a trusted attorney or family member who can act quickly if you are detained.
- Teaching family members what to do if ICE agents come to the door, including asking for a warrant signed by a judge before opening.
- Avoiding signing any documents or agreeing to voluntary departure without consulting a lawyer.
Knowledge of your rights and access to legal representation are the best defenses against wrongful deportation. No one should be removed from the country without the chance to tell their story or seek protection under the law.
Protecting Immigrants’ Rights in California and Beyond
The right to due process is one of the cornerstones of American justice. Yet for many immigrants, that right is being denied through expedited and unlawful deportations. If you or someone you love is facing removal without a hearing, Hanlon Law Group can help. We have the experience, compassion, and legal expertise to challenge deportation orders and fight for your right to stay in the United States.
Our firm is based in Los Angeles and represents clients throughout California and across the nation. We handle complex deportation defense cases, asylum claims, bond hearings, and appeals. Contact us today to speak with an experienced immigration attorney who will stand up for your rights and work tirelessly to protect your future.
