North Carolina, Raleigh- During the month of August, there was a peak in summonses to initiate deportation proceedings in the immigration court in Charlotte, North Carolina.
According to figures From TRAC, an organization at Syracuse University that collects and distributes data, 5,224 citations were issued for deportation proceedings in North Carolina in August. In June, the figure had been 2,726. That is, they practically doubled in less than two months.
As explained to Enlace Latino NC Vivian Sánchez, an immigration attorney based in Raleigh, immigration court summonses are technically called “notices to appear.” In English they are known as “Notice to Appear” (NTA).
“An NTA is a document that begins the deportation process in North Carolina or any other state,” Sánchez said.
This is a document issued by the Immigration and Customs Enforcement Service (ICE) that states that a deportation process will begin due to alleged irregularities in the immigration status of people.
There are various charges that can be included in the summons. Among others, that the person does not have authorization to reside in the United States. Or subpoenas can even be sent to legal residents who have allegedly violated the law.
What could be the reason for the increase in deportation proceedings in North Carolina?
The factors that could explain the number of immigrant deportation proceedings in North Carolina in August are multiple.
First of all, Sánchez mentioned, it is common for the government to be late in presenting subpoenas to the immigration court. In that sense, cases can accumulate and when the funnel is uncovered, generate a strong increase in statistics.
On the other hand, this year a new program called “Expedited Deportation Management of Families ” (FERM, for its acronym in English).
This program, just like indicates The Department of Homeland Security (DHS) was created to “rapidly expel” families who have no legal basis to remain in the United States. In North Carolina, it began to be implemented precisely in August, the month in which a significant increase in deportation processes was experienced.
Citation for deportation proceedings in North Carolina: What does it mean?
Once a person receives a summons, they must appear before the immigration judge. Otherwise, the judge may order their deportation in absentia.
By appearing at the hearing, the person has the opportunity to defend themselves. However, as Sánchez stressed, immigration court cases are not criminal. This means that people do not have the right to receive a free lawyer.
What are the possible defenses to avoid deportation?
The defenses in these cases are multiple and varied, depending on the characteristics of the accusation.
“The most frequent defense in these cases is asylum,” Sánchez said. But it's not the only one. Asylum is legal protection for people who suffered persecution in their country of origin or have a genuine fear of suffering. The reasons for this persecution, unlike what many believe, are not only political. Factors linked to race, nationality or religion, among others, are also accepted.
Another defense is “withholding of removal.” It consists of protection similar to asylum, also intended for people who fear persecution in their country of origin, although it is intended for people who do not meet the asylum requirements. For example, people who arrived in the United States more than a year ago. However, Sánchez stressed that “it is usually more difficult to try and win.”
“Cancellation of removal” is another alternative defense. It is aimed at people who have remained in the United States for a minimum of 10 years and have citizen or legal resident relatives who would suffer significant hardships. To qualify, those relatives must be spouses, parents or children.
Adjustment of status is another of the alternatives mentioned by the lawyer. This type of defense applies to people who have regularized their immigration status during the process. For example, those who entered the United States legally and married a U.S. citizen after receiving a citation for deportation proceedings in North Carolina or another state.
Finally, Sánchez mentioned “fiscal discretion.” It consists of arguing that one is not a priority for deportation. Although, as the lawyer maintained, the success of this type of defense usually depends on the guidelines of the government in power.
>>>Free Legal Assistance in Charlotte for Immigration Court
The impact of the government on deportation processes
According to Sánchez, based on his vast experience in North Carolina immigration courts, the degree of success or failure of defenses in deportation proceedings is usually directly related to the government in power and its political guidelines.
“For example, the Biden administration has different priorities than Trump. Fiscal discretion is much more successful today than it was under the previous government. Now you can ask the prosecutor to exercise discretion with your case by arguing that you do not have a criminal record and are not a priority. “That would never have worked during the Trump administration.”
Another factor in which the influence of the government is evident is the duration of the process. Unlike what happens in other types of trials, in deportation proceedings, slowness strongly favors the accused.
“During the Trump administration, most cases were resolved in between 3 and 6 months, because that was the priority at that time. On the other hand, during the Obama and Biden governments the times are much longer and can take years. “I would say the average case can take anywhere from 2 to 10 years.”
These delays are very positive for people who are in deportation proceedings. “Many times people win by losing slowly,” Sánchez explained.
Immigrants benefit from delays
The reason for the benefit of delays is that people can acquire new arguments to defend themselves during the course of the process. An example is the request by a family member.
“If an undocumented person has a US citizen child who is 18 years old, they will only be able to petition for their parents when they turn 21. So while the person is waiting, perhaps their child has a birthday and they can petition for him, so new ones are opening up. defenses while they wait.”
The same occurs if during the deportation process the person is a victim of domestic violence, which makes it eligible for other protections.
Beyond the duration of the process, the available defenses also vary depending on the immigration policy of the government in power.
“During the Obama administration there were more forgiveness policies, such as DACA. New applications for DACA are no longer being accepted. We would tell the judge that a person was eligible for DACA and he would close the case. “That option is no longer available because new applications are not accepted.”
In contrast, Donald Trump's government considerably reduced the chances of success for people facing deportation proceedings.
“The Trump administration has been, by far, the worst for immigrants. He canceled almost every option we had. “We literally couldn’t do anything until Biden restored many of the defenses that Trump had removed.”
Difficulty winning deportation cases in North Carolina
Success or failure rates in defending immigrant deportation cases in North Carolina immigration court are difficult to determine since trials are private.
Unlike what happens in a criminal case, here only interested parties can enter the hearings.
For this reason, Sánchez emphasizes that she can only share her experience as a lawyer.
“I have to say that in most cases we lose. I would say we lose about 90% of our cases,” she lamented.
However, he stressed the importance of buying time to find defenses and solutions before the trial ends.
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