Your Guide to getting Deported from the US
This page has been produced from a post due to it’s popularity. The link to the original post is http://www.asifism.com/?p=39.
You can still add more discussion and comments as needed. You can also contact me if you have any questions regarding this process.
KEYWORDS for this page: ICE, Deportation, Process, Deporting, Deportee, Immigration and Customs Enforcement, Deportees from America, US Deportation, Immigration, US, USA, United States, getting deported from the US, US Deportation process.
Here goes:
Have a relative or friend who is getting deported from the US? Plan on being in the same position anytime soon? Well, here it is, for the first time, a fully documented and procedural guide to US detention and deportation. Please note that you will NOT find this information anywhere else. Half the practiced procedure during this process is NOT published anywhere under the US Code of Federal Regulations (CFR) or Immigration & Nationality Act (INA). That’s primarily because no one has taken interest in this procedure, and although there are manuals published by the House and Congress on the process of deportation and escorting illegal aliens out of the US, they are NOT followed by the monkeys at the Department of Homeland Security (DHS). The reason for that is that immigration law and procedure largely deals with people who are not US citizens, so the US government, house, or congress doesn’t give a flying fuck about them. Some of this is in violation of human rights, but who gives a fuck? If you’re not white and don’t hold a blue passport, you don’t deserve to be treated with dignity, do you? After all, America was formed after the murder of brown people wasn’t it? Anyway, think I’m getting off the topic here. Here’s how it works:
How it Begins
The person who homeland security wants to deport is picked up. Please keep in mind that the pick-up is made not by the USCIS or Immigration Services, but by Customs and Border Patrol, or, most likely, by Immigration and Customs Enforcement (ICE). The ICE is equivalent to the right testicle of the US Department of Homeland Security for enforcement of Immigration and related unlawful DHS policy and practice. They basically do the “dirty work” for the immigration fogies. So, if someone you know simply disappears off of the streets of America, or they go to see someone at the local immigration service center, or go for an Infopass appointment (http://infopass.uscis.gov/) and never turn up, guess what, they’ve been arrested. Please note that ICE is present at all Immigration Service Centers for this very reason: the arrest of those people they consider illegal. Whether they are OR not is neither their business nor that of the USCIS. A US court has to decide that, and good luck getting there. Not many people that chance; so America’s advertising about a free country is basically full of shit in this department.
So, how do you find out if someone has been picked up? Visit the local immigration office, and ask them where they hold immigration detainees. You’ll get a couple of printed pages from http://www.mapquest.com directions on them, which will be addresses of the “facilities” or jails that people are taken to when detained. Call them, ask for your party’s name, and you’ll know if they are there or not. Now, you can’t speak to the person who has been arrested. THEY need to call you; then you call back and set up a collect call system that costs you both your arms and a leg, and then the arrested person call you from inside the jail.
So now they’re in, and you’re contacting attorneys, and your friend is trying to extract information from the people who arrested him; what the hell is going on? Read on…
After the Arrest
Now is when the false assurances start. First of, ICE Officers will hardly ever talk to you or an Immigration Attorney. They think you’re the scum of the earth because you’re not white enough for them, and your attorney is equally pathetic because he/she is defending you. So, they will not give you any information. They may, however, give the arrested some false information about when he’ll be deported, but they will never actually tell you when, where, or how, because it’s supposed to be a ‘security risk.’ Yes, the small penis’ of the ICE Officers are at stake; they need to make the most of their petty 2 cents worth lives and they make everything sound like it’s top secret information that could change the course of the earth.
Typically, the ICE can hold a deportee for about 3 months before they’ll need special permission from other authorities to further hold the person, and because that special permission requires paperwork (which the dickheads are too fucking incompetent to do) and may establish that the ICE has ILLEGALLY or UNLAWFULLY arrested someone (this is very common), they will typically deport your arrested friend or relative within those 90 days.
If he/she has a committed a crime, the 90 day period will begin after they have done jail time for their crime. They will then be moved to a federal deportee detention facility. You can find a list of detention facilities and related information here:
http://www.ice.gov/pi/dro/facilities.htm.
If you believe an ICE Officer has arrested you by mistake, there’s really nothing you can about it. If you had a stay issued by a Court, you can file for a contempt of court. Also, you can file a Habeas Corpus with the court to request that the ICE officer be questioned and you be released. However, it seems like the system is rigged; ICE apparently feeds enough money to US Department of Justice (USDOJ) to where they don’t entertain such applications or cannot take action on them within 90 days, and that basically renders them useless. What you can do, however, is file a civil suit and get the media involved. That’s the only thing that scares the US government, and typically, this is more than an ICE Officer can handle, and somewhere somebody will always pay for fucking up. However, this is not something everyone can do as it may require some serious cash and persistence, and a lot of courage. After all, a lot of people unnecessarily tremble in the name of US Homeland Security.
The Deportation Process
This, in itself, is a big mess. There’s no set procedure or way. Typically, here’s the rule: If there’s a direct flight to your country of passport from anywhere in the US, you will be flown on either a US government plane or escorted on a commercial flight to the major international airport that such a flight will fly out of. From this airport, you will be put on a commercial flight ‘home.’ They will hand the passport over to the pilot or airline staff, and they will hand it over to you when you land or are on the plane, unless you’re from a really crooked country where these people are looking to make a quick buck off of you.
Now, according to the guide for escorting, information on which can be found on the USDOJ site at http://www.usdoj.gov/oig/reports/INS/e0105/index.htm, if no one if the deportee in question has not committed a crime, he/she does not need an escort. But somehow it turns out that homeland security has a very hard time complying with this manual or guide, and so, the rule is typically ignored.
Now, I’m not sure if this is how it’s done in other countries too, but I know this is how it works for the Middle East and Pakistan. Most likely, the deportee will be moved to the federal detention facility in Buffalo, NY, from where the ICE charters a plane belonging to any airline, and flies in a 24 hour plus flight to three or four countries, dropping the deportees off. The idea is to hand them over to local authorities, but most local authorities could give a fuck less about what the ICE wants them to do. In fact, there have been reports of ICE and Homeland Security Officers getting into trouble upon arrival in the Pakistan without having an invitation; something to be proud of.
The Return to the Passport Country
Once your deportee lands in Pakistan, he’ll be uncuffed and brought into the airport. The problem here is that the US flight is so secretive, that they don’t even inform the local authorities of the arrival of a deportee plane, with the result that the local authorities are not prepared. The only people who may have a clue about the flight is the air traffic control room staff, and they typically don’t communicate the information with the FIA (in Pakistan) or the FBI equivalent of the country the deportees are landing.
The result: deportees are hung up at the airport for a couple of hours for filling out a survey form after which they are let go. For Pakistan, the flight usually lands in Islamabad. For all other countries, it typically lands in the capital city. The last deportee flight that few from NY and ended in Pakistan flew on Tuesday, March 6, with a stop in Jordan, after which it carried to Islamabad, Pakistan.
Conclusion
What’s the worst part about this process?
- The inhumane treatment of deportees, some of whom may be highly educated officials who are simply put behind bars for making a solid, legitimate case against the USCIS or ICE but have the wrong skin color.
- The lack of information and pathetic secrecy issues.
- The hiding of ICE officers from lawyers and other genuine people for fucking up; talk about being American, don’t face your mistakes or stand up for what you do. Way to go Dick in Bush!
- The lack of implementation of legislature and the cowardice of judiciary in front of ICE.
- Thousands of human rights violations.
- The incompetence of American Citizens in realizing that there are such atrocities going on inside their own country, and
- The fact that no one is willing to do anything about it because the mistreated don’t hold American Passports.
What can we say? What goes around comes around. Stay away and don’t get involved. This is one of the several ways the US is shooting herself in her own foot, and what happens when you do that? You only need to be told if you have never stepped outside the US.
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March 18th, 2007 at 4:05 am
I’m sorry for whatever has happened/is happening! I wish and pray to God you get out of this mess ASAP and realize no america or any place else is better than home!
May 15th, 2007 at 1:51 am
I came to this page by search engine. I think what you say is so true. This immigration law shit is all fucked up. I have a brother that commited a felony and now in the process of being deported. He was due for a release in April of 2006 and till this date is still waiting for an INS hearing. Is there anything that could be done to quicken the process? Thank you.
May 15th, 2007 at 10:20 am
Mari,
The truth is that I really haven’t read much on new Law to know which states what I’m going to tell you, but this is either stated in an updated section of the Immigration & Nationality Act or it’s stated somewhere in the massive CFR 8. I’ve read both in the past, and what is implied in either one or the other is that if a foreign national who is present in the US on a pending immigrant status, a felony entitles him to his legal sentence for the felony and deportation. If he is present on a non-US Immigrant status, he is liable to receive the same treatment, i.e., punishment for his crime and deportation.
Unless you have a green card, they won’t deport you for a felony, unless they really consider you a misfit for society. The most important part here is that law or regulation is not followed; you are totally at the hands of the ICE.
The reason your brother is waiting for an INS hearing is that even after a felony or crime is committed by someone, ICE or CBP CANNOT deport anyone unless and until a judge issues any such orders. They can, however, hold anyone indefnitely thanks to the patriot act and other such psychotic, high-school, low IQ horse shit passed by the Congress & Senate. So, if your brother’s felony sentence was up in April, 2006, they’ll hold him until they can get an immigration judge to find him deportable, and THEN he’s spending ninety days at a federal or state detention facility until they escort him to his country of passport. The reason getting an immigration judge takes long is because his allotted deportation officer doesn’t really give a fuck. They just file the paperwork and no one ever calls on it or pursues it. Also, the Department of Justice takes such applications less serious than others because the people are already in custody (they never realize that holding them and feeding them costs these dick heads money), and there’s no money or application fees involved in their proceedings as there are for those who apply for court hearings and other immigration proceedings.
All you can do is get his Alien # or something and get the lawyer to find a contact in the district court to see where his application is at, and make sure that the ICE has actually sent an application to the court for a hearing by getting a lawyer to talk to the deportation officer. Unless you’re a US national, I wouldn’t go talk to them myself. Under George Bush, ICE officers behave like super dicks, you know what I mean! Rest assured, once he gets a court hearing, and the judge doesn’t issue any unusual orders, he will be held for 90 days more, because that’s what they like to do. Holding them any longer requires further permission from a district judge before the 90 days are up, so I’ve hard ever seen that happen.
What state did they arrest him in? And what state had his immigration petition, if one at all, had been filed? And which is the country of deportation? Depending on your state, things can go faster or slower. However, if you’re in NY or TX, they have some serious backlog.
August 24th, 2007 at 6:49 pm
sounds like what happend to my babies father. He was aloud in th usa and they told him he would get his paper work here! well he is young and does not speak english and they lyed to him he never got a thing and his brother got picked up for dwi and they took him to buffalo imm. They gave him a court date and everythng but told him it would look better is he just left on his own so he did but now we are trying to get him back over here to live but we do not have his a number becasue all the paper work got ruined when they had a huracne hit in mexico a few years back
August 24th, 2007 at 8:20 pm
Sorry to hear that. Immigration has taken a rather disturbing turn in America. The biggest issue is that ICE Officers have started to lie to meet arrest budgets. They’ll tell you it’s okay you should come see them to sort things out, and kaboom, you go there just to get arrested, and the prick gets a promotion and a raise. Worst of all, some of these officers have such low IQ that they get the wrong people half the time, and there’s no ramification.
I hope you get to sort the issue out. If you’re a US national, which it sounds like you are, try visiting the local INS field office and get his Alien Number. They track everyone by last name too. If he actually got deported though, under US law, he can’t re-enter for 10 years. Of course, a good lawyer can always get that changed. A good litigation lawyer, not immigration. Immigration lawyers in America are typically worthless. They don’t work on merit, but on their relationship with the local USCIS officers.
September 21st, 2007 at 6:34 pm
well now i really got to do something end up having a 29 weeker baby so we got to get daddy here asap becasue i cannot take care of everything at this time with me going to the hospital everyday and with the baby having an operation i just cannot deal with everything by myself and with the babies being only 10 months appart i need dads help and he is going nuts with everything that is going on becasue he cannot be here it is so wrong if they have family here i say let them in and let them be becasue it just breaks up familys
September 29th, 2007 at 11:05 am
Digital Glamour Photography
hey great stuff
January 11th, 2008 at 7:23 am
Hello,
What you have posted is sooooo true, my brother was sentenced for 12 months in federal prision poor guy already completed his sentence time about 2 months ago now he’s waiting in INS facility in TX. These people don’t give a shit about anything like they don’t have families of their own.
They keep telling him 2 weeks more 2 weeks more, it has been like a month and a half and they still haven’t deported him. We are soooo worried we don’t know what to do, I call the deportation officer all the time, he never picks up his phone, i leave him messages to get status on my bro’s case he never calls back. I have also been in touch with the Pakistani consulate in Houston to see if they can help in expediting the process but they have been no help as well. Eveytime I call them they tell me oh we are trying our best but there hasn’t been any progress blah blah blah. Are they any help do u think??
We are just soo helpless, we don’t know when they are gonna deport my brother. Plus my bro has never even gone back to Pak we are just sooo scared about it. How do they treat people at the Pakistani airport?? I heard they give you hard time and ask for money, treat you bad etc is that true???
Last plane was suppose to leave on Jan 3rd and for some reason it got suspended, i don’t even know if they tell you the truth. Do they even tell you when, and what time the plane will land? If so how long in advance will they let us know?
My family wants to get their tickets to pak too so they can pick him up at the airport, cuz we really don’t have any relatives in pak.
Please reply back soon.
Thanks!!
January 11th, 2008 at 2:43 pm
Hi Saima,
Sorry to hear what you’re going through. Here’s your first shocker; the Pakistani Consulate is absolutely worthless. Any country you go to, any Pakistani you meet here is most likely going to become a burden and liability rather than become helpful or useful; in fact, alerting them could mean creating problems for yourself. Frankly, they really don’t care, so don’t bother with them.
Your only bet, really, is to be patient. There are hundreds of Pakistanis in immigration facilities for a no good reason. But here is what I can tell you; if he has completed his sentence in federal prison, they CANNOT keep him at an immigration facility for more than 90 days without the permission of a disctrict court. The district court will sit in Houston or Dallas, depending on where he was, and most likely, given the low level of competence of US immigration officers, they’re afraid of going to a judge to get an extension, although they are spiteful enough to keep almost all of them in texas behind bars for the 90 days. I assume he is at Haskell.
Now, here’s what happens when he will get sent back to Pakistan. Typically, they’ll send him along with a bunch of other Pakis. IF they’re sending him back alone, he’ll go on a regular PIA flight to Pakistan, and he will land as a normal passenger, since an ICE agent will only accompany him to London or Manchester, which means as long he has a pakistani passport, no one at a Paki airport will bother saying anything. If he goes on a charetered plane with deportees (which is more likely), they’ll first take him to Buffalo, NY, which has one of the largest detention facilities. He’ll stay there for a couple of days, and from there they’ll put him on a chartered flight to Pakistan. Here’s what you need to make sure you tell him or get him:
1. Some money.
2. The whole flight will be handcuffed, so be patient; it can be a painful journey, especially since they make stops in Jordan, Oman etc. etc. on their way to Pakistan.
Now, typically, US immigration does NOT inform Pakistan of a flight of deportees until about 20 minutes before they are landing. This is because Paki officials are so bad they take US officials hold ICE Officers for getting some US Dollars outta them. That said, typically, the FIA Immigration Cell does not have enough time to stop every passenger to hold them for interrogation. If, however, they do, and there’s any notice or evidence they have of him having been sentenced to 12 months for any crime, they could really bother him. Most likely, though, hoping for the best (might I add you shuldn’t in matters of Pakistan), he’ll just fill out a piece of paper, be dazzled at how they’ll ask him to make a potocopy without their being a machine anywhere, and then let him go. They could create problems too.
If you know someone in the FIA or Customs at the Airports, it helps. Chartered flights usually go to Islamabad. You can get your ‘friend’ in the department to stand with him when he talks to the immigration officials, and then walk him around to bring him out to skip any of the bullshit they can give you at the airport. Islamabad is better than the rest of Pakistan, but the country is still a dumphole and FULL of cons, robbers, and cheats. But Isb is good, it’s getting used to Pakistan that he may have to worry about it.
I’ll send this back to you in an email too. Let me know if I can answer any more questions. I would have volunteered to help out if I was in Pakistan, but i’m sorry that I’m not. But the procedure I have mentioned takes place just like that because one of my family member’s came back on a deportee chartered flight from haskell, and my a couple of my friends have arrived on PIA flights too.
Best of luck, and welcome to the dark side of the United States.
March 2nd, 2008 at 4:27 pm
Salaam Alaikum Asif,
Your info is very true and to the point. I was deport back to Afghanistan in 2005 after doing 10 yrs in prison. I was 10 yrs Old when we moved to US in 87. I have no One in Afghanistan, I was 5 yrs old when I left my country because of War, and moved to Pakistan and a few yrs later to US. I have all my family members in America. My wife is an American Citizen as is my 2 year old son. It has been very difficult for my family. I have been band for 20 yrs. Is there any way that I can bring the band period down to 5-10 yrs and get back to US? I had wavered my rights and asked to be deported because after doin 10 yrs in prison I did not wanted to do any more time.
My codefended was not deported when he come prison for the same crime.
March 2nd, 2008 at 5:54 pm
Wassalam Hamid,
Why/how did you get arrested? Was it for a crime or was it for overstaying a visa or asylum application?
I’m very sorry to hear what has happened; ultimately, they want you to waive your rights, or they’ll keep you in there till you’re no more a human being.
Unfortunately, there is nothing you can do about the banned period. But who told you it is 20 years, unless you waived your rights and they deported you under a different conidtion? How much time did you spend in a criminal facility/capacity and how much under immigration? Under the law, deportees are not allowed to re-enter for 10 years.
Second question, even before you can ask for a reduction of the blacklist period, is what was the crime? The severity can play a very important part. Good news is, unless it was a serious felony or something of the sort, you can try a different country in Europe, where your wife and son could join you.
US, probably not. I know people with clean records and no crimes who don’t have a chance.
March 17th, 2008 at 7:18 pm
Assalamu-Alaikum,
I truely appreciate your response and assistance regards this matter. I served 10 years in prison for three counts of felony. I was deported for one count, abduction. the three counts were, arm robbery, burglary, and abduction. at the time of the crime I was 17 years of age. I stayed out on bond for a year and I was sentenced in 1995. In 2005 I was released and handed over to immigration. I stayed less then 3 months and was deported for abduction. they took my finger prints and eye scan because of the new biodata technology. I woud like to go to Canada, is there any restrictions on someone like me who has been deported from the states to go to Canada? does American and Canada share criminal BioData? in other words when I get finger printed for visa reasons, will my record be displayed in the canadian immigration system? Jazakullah Khairun
March 24th, 2008 at 2:31 am
Hi,
Just wanted to post about ICE’s new trick for catching illegals. This does not seem to be posted anywhere else. They are now checking every singe bus and train on the way to Buffalo, NY, where a lot of people are going to try to get documents to come to Canada. This is done in both Erie, PA and Rochester, NY. Mind you they check documents of everyone who’s on the bus/train regardless of citizenship. How’s that for freedom of movement?
Unfortunately we found out the hard way. My mother-in-law was detained and is now facing deportation with no possibility of bail or parole. She’s 54 yo, and never hurt a fly in her life, much less have a criminal record. But as we found out, if you have an outstanding order of deportation you fall under the same category regardelss if you got that order because of a crime you comitted, or just because the appeal for your asylum case was thrown out without even being considered. They also don’t care that you were trying to leave on your own by getting documents to come to Canada. They will catch you, and then deport you because they have quotas to meet.
So if you or anyone you know is trying to go to Canadian consulate in Buffalo by bus or train BEWARE, they will catch you and detain you if you have ANY problem with your status in the US.
March 24th, 2008 at 2:48 am
Thanks for sharing. It is sad that the ICE operates like a corporation, with goal being the meeting of quotas. It is activity like this in all sects of life that is today causing the economic crisis in the United States.
May 12th, 2008 at 10:09 pm
Salam,
I have a question about my brother. He is orginally from afghanistan.HE was 5 years old when he left afghanistan because of the fighting to pakistan. When he was in the US he got sentenced to jail for 5 years.His time is almost over and he is waiting for immigration so he can get picked up. The judge has seen him and since he will be in danger in Afghanistan the judge has ordered him to be removed to pakistan. Since he is not from pakistan and don’t know what is going to happen.So if you have any information about this procedure and how the pakistan government will treat him or what will happen
May 13th, 2008 at 8:09 pm
Qadir,
What passport will he be travelling on? On a legal basis, how can he even get into Pakistan at an airport without having a Pakistani Passport or visa? On the border there may be ways to work it, but at the airport there really aren’t any other than bribing and arranging for a visa, and the former may not work too well depending on which airport he lands at. You’ll have to come up with more information so I can at least give you a reasonable answer. Feel free to email me.
May 14th, 2008 at 11:58 pm
salam,
thank you for your help. Right now i am not sure which passport he will be traveling on because he is from afghanistan and the immigration judge has not responded yet. once i get more information i will like to email you about this