Are People Automatically Deported?

by Blake P. Somers, Lawyer Referral Service Panelist

The short answer to this question, at least generally, is no. One of the most fundamental rights in the United States is the right to Due Process, which is guaranteed by the United States Constitution. The right to Due Process, at least in general, is that people are given notice of a controversy, and some sort of meaningful opportunity to present their case to someone, whomever that may be, and whatever their case may be. Thus, and at least generally in the United States, people are not automatically deported. Rather, if someone is alleged to have violated the immigration laws in the United States, they are generally placed into removal proceedings (formally called “Deportation Proceedings”). The removal proceeding is structured to provide the government an opportunity to present their case and the non-citizen an opportunity to present his or her case, if any. This is basically the due process to which people are entitled in the United States.

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