Are You an Immigrant in the U.S. Military Facing Deportation?

 Posted on December 19,2022 in Immigration

Immigrants have fought in just about every American conflict in U.S. history, and there are about 45,000 immigrants currently serving in the U.S. Armed Forces. Last week, Congress approved the Veteran Service Recognition Act making it harder to deport non-citizen veterans. Although it still needs to go before the Senate before it can become law, Immigration and Customs Enforcement, or ICE, has already been directed to consider U.S. military service when deciding whether or not to initiate removal proceedings.

Deportation Proceedings

Deportation proceedings, also known as removal proceedings, usually begin when someone has a run-in with law enforcement, is caught in the middle of a raid, or ICE comes knocking on the door. While an immigrant is in ICE detention, the government determines if the deportation process will begin. That usually involves hearings to determine if the person should be removed from the United States. The Veteran Service Recognition not only recognizes a non-citizen’s service but adds a layer of protection when faced with possible deportation.

ICE and Non-Citizen Veterans

Current ICE policy calls on agents and officers to take into account U.S. military service when determining civil immigration enforcement actions against non-citizens. Here are the top three factors that may tilt the scales in favor of an immigrant:

• Naturalization Eligibility – Removal proceedings will not be initiated against non-citizens who are eligible for naturalization as a result of their military service. Immigrant veterans are not automatically granted U.S. citizenship. If you have a permanent residency card you must go through the naturalization process like everyone else.
• Verification of U.S. Military Service – During intake, non-citizens should be asked if they have served or are currently in the military and if they have immediate family members serving or who have served. This claim will be investigated and documented.
• Active Duty – Notice to Appear will not be issued to a non-citizen who is an active member of the military. That includes any administrative order or removal, or reinstatement of final order.

The ACLU found that applications are often denied based on the lack of good moral character, stemming from criminal convictions. Under current law, honorable service is not enough. If you are convicted of an aggravated felony it can be difficult to argue for a path of U.S. citizenship.

Contact an Illinois Deportation Defense Lawyer

At Mevorah & Giglio Law Offices our consultations are strictly confidential. If you are an immigrant who has served in the military and you are facing deportation, it is important to speak with an experienced Illinois deportation defense attorney as soon as possible. Call 630-932-9100 for a free review of your case.

Sources:

https://www.congress.gov/bill/117th-congress/house-bill/7946?q=%7B%22search%22%3A%22H.R.+7946%22%7D 

https://www.ice.gov/doclib/news/releases/2022/10039.2.pdf 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1439&num=0&edition=prelim 

https://pingree.house.gov/news/documentsingle.aspx?DocumentID=4393