Massachusetts Immigrant and Refugee Advocacy Coalition
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Who is at risk of deportation, and when?

Who can be deported?

1. Any noncitizen: Any non-citizen can be deported as a result of a criminal conviction. This includes legal permanent residents (green card holders), asylees and refugees, people who have been granted withholding of removal or temporary protected status, people who are in the process of adjusting status, and people on student, business and other visas.

2. Undocumented people: Undocumented people are deportable whether or not they have a conviction. Any arrest or conviction will make them more likely to be discovered and targeted by the department of homeland security. This includes people who "entered without inspection" (i.e. crossed the border), people who have overstayed visas, and "absconders" (people with old deportation orders, though they may not know it). Absconders can be deported without a hearing.

3. Can U.S. citizens be deported? U.S. citizens cannot be deported. However, the government can attempt to take away the citizenship of a naturalized citizen if they can show that his/her naturalization application was "fraudulent" or contained certain omissions or mistakes (for example, if a person failed to disclose an arrest or conviction). A person whose citizenship is stripped may again be vulnerable to deportation.

Where are immigrants most at risk?

1. After leaving the country and trying to re-enter: At an airport, seaport, or at the border, immigration agents may detain a non-citizen if they have an old conviction (even a misdemeanor), false papers, no status or a deportation order. If you have ANY kind of criminal conviction, including a CWOF ("Continued Without a Finding") in Massachusetts, speak to an attorney with experience in crime-related deportation before leaving the country.

2. When applying for citizenship or adjustment of status: Many people put themselves at risk of deportation when they attempt to adjust their status by applying for citizenship or a green card when they have old orders of deportation or past convictions. Undocumented people who apply for adjustment of status will be subject to deportation if their application is denied. If you have ANY criminal conviction, including a CWOF in Massachusetts (see above), speak to an attorney experienced in crime-related deportation before applying for adjustment of status or citizenship.

3. When stopped by the police: In Massachusetts, Governor Deval Patrick rescinded a Memorandum of Understanding with immigration authorities that would have trained and allowed State Police to arrest immigrants they deemed to be deportable. Although many local police departments are hesitant to enforce immigration laws, they may refer absconders, noncitizens "suspected of criminal activities" and anyone with an immigration warrant to the Department of Homeland Security (DHS). Officials may notify DHS even when they question a noncitizen.

4. After completing a criminal sentence (including probation) or being released from jail/prison: You may be sent to immigration after you complete jail time, probation, or a rehabilitation program. Undocumented immigrants and legal immigrants with a past conviction may be turned over to immigration even if they are acquitted of a crime.