Deportations This Year: How to Adjust Your Status and Avoid Deportation – Why Hiring an Immigration Lawyer Is Critical

Deportations This Year: How to Adjust Your Status and Avoid Deportation – Why Hiring an Immigration Lawyer Is Critical

In recent months, the United States has seen a significant increase in immigration enforcement activity, including immigration arrests, deportation flights, and stricter rules for adjusting status. In fact, deportations this year have continued, although not as high as what Trump’s administration promised during his campaign.

Nonetheless, it is something illegal immigrants or anyone who wants to immigrate to the US has to consider.

If you’re concerned about your immigration status, or if you fear being placed in ICE custody or detention facilities, the smartest first step you can take is to consult an experienced immigration lawyer. Here’s why that decision could change — or save — your life.

If you have questions about adjusting your immigration status, call us today at (619) 746-8879

Key Takeaways

• Early Legal Action Is Critical. Immigrants at risk of deportation should consult an immigration lawyer as early as possible to explore legal options for adjusting status, challenging arrests, or defending against removal in court.
• Deportation Can Be Swift and Without a Hearing. Expedited removal procedures enable authorities to deport individuals quickly, often without a court hearing, making legal intervention time-sensitive and crucial.
• Immigration Enforcement Is Increasing Across Administrations. Regardless of political leadership, federal immigration enforcement — including ICE arrests, deportation flights, and detentions — has remained strong, emphasizing the need for continuous legal awareness and preparation.

The US Immigration Process

Navigating the US immigration process can be overwhelming, especially as it involves multiple government agencies and ever-changing policies. The journey often begins at the southern border, where migrants arriving in the United States are met by Customs and Border Protection (CBP) agents.

These agents, working under the Department of Homeland Security (DHS), are responsible for initial border protection and customs enforcement. Migrants may be taken into custody and processed, with some released into the country, while others are sent to detention facilities to await further proceedings.

Once in custody, migrants may face expedited removal—a process that allows for rapid deportation without a full hearing in immigration court. The Trump administration expanded the use of expedited removal and increased the frequency of deportation flights, aiming to quickly remove individuals from the US.

In some cases, migrants are not sent back to their home country, but instead to third countries, as part of broader immigration enforcement strategies. Throughout this process, Immigration and Customs Enforcement (ICE) plays a key role in managing detention, removal, and deportation, working closely with other agencies to enforce federal immigration laws.

The complexity of these procedures underscores the importance of understanding your rights and seeking legal guidance at every stage.

The Current Landscape: Why Deportation Risks Are Rising

The Department of Homeland Security, which includes Customs Enforcement, ICE, and Border Patrol, has intensified scrutiny on migrants with criminal records, suspected terrorists, or those entering the US without proper documentation. ICE considers criminal convictions when making detention and enforcement decisions.

The southern border remains a flashpoint, with migrants arriving daily and many facing expedited removal — a fast-track process where people can be deported without a hearing in immigration court. The ICE office, including its headquarters and various divisions, oversees detention, deportation, and immigration enforcement operations as part of the agency’s organizational structure.

The Role of Homeland Security

The Department of Homeland Security is at the heart of the US immigration enforcement system, overseeing the detention, removal, and deportation of migrants. Tasked with protecting national security and enforcing immigration laws, DHS coordinates closely with agencies like ICE and Customs and Border Protection to manage border security and the processing of migrants.

Under Trump’s first administration, the department’s role was significantly expanded, with increased funding for detention facilities, more ICE arrests, and a greater emphasis on expedited removal and deportation flights.

President Donald Trump has made immigration enforcement a central pillar of his two administrations, directing DHS to prioritize the swift removal of migrants and the use of security solutions like third-country deportations. These efforts have led to a substantial increase in the number of migrants detained and deported, as well as a focus on national security concerns.

However, the department’s policies have faced legal challenges from federal judges and criticism from advocacy groups, who argue that some enforcement measures compromise the rights and well-being of migrants. Despite these controversies, DHS remains the primary agency responsible for carrying out the nation’s immigration and customs enforcement priorities.

How an Immigration Lawyer Can Help

Just the thought of possibly facing deportation can be scary, but you don’t have to face this situation alone. Here’s how an experienced immigration attorney can protect you:

1. Adjust Your Status Legally

An immigration lawyer can guide you through legal pathways to adjust your status — changing from an undocumented or temporary status to a more secure one like a Green Card or even citizenship. This may involve family sponsorship, asylum, work-based petitions, or other available categories.

2. Defend You in Immigration Court

If you are facing removal proceedings, you have the right to appear before an immigration judge. A qualified lawyer will defend your case, present evidence, and argue for relief from removal. Without legal representation, many immigrants are deported even if they have viable claims to remain.

3. Challenge Unlawful Detention or Arrest

If you’re detained or arrested by immigration agents, an attorney can request bond, file habeas petitions, and even challenge the legality of your ICE arrest or custody under existing laws. In some cases, arrests happen despite the lack of a criminal conviction, and lawyers can push for release or appeal to a federal judge.

4. Prevent Expedited Removal

Once placed in expedited deportations, you may be removed in a matter of days — sometimes without seeing a judge. However, an attorney can intervene quickly, file the necessary paperwork, and stop your case from being fast-tracked.

5. Handle Complex Legal Situations

Those with criminal records or past immigration violations need skilled legal help, such as that from a crimmigration lawyer. Your lawyer can argue mitigating factors, apply for waivers, and challenge immigration policy rulings that may be unfairly applied in your case.

The Human Cost of Deportation

Many deported migrants face grave dangers in their home countries — including violence, poverty, or lack of medical care. And with commercial flights now being used for deportation flights, removals are faster and more frequent. Recent data from the department show that most deportations happen within weeks of arrest, often leaving families separated and communities devastated.

Don’t Wait Until It’s Too Late

In today’s volatile immigration climate, the risk of sudden deportation is real. These past years, thousands of people have been affected by harsh policies and confusing immigration processes.

If you’re unsure where you stand, don’t gamble with your future. An immigration lawyer is your best ally in avoiding ICE custody, stopping expedited deportation, and securing your right to remain in the US.

Final Thoughts

As fiscal year numbers climb and enforcement tightens, immigrants must be proactive. Understanding your rights, taking action early, and hiring an immigration attorney could be the difference between staying safely in your community and being placed on a plane bound for other countries.

If you or someone you love is concerned about deportation or needs help adjusting status, reach out to a qualified immigration lawyer now — before an ICE agent shows up at your door.

Contact Kannan Law if you’re facing deportation. We’re located in San Diego, ready to serve you.

Frequently Asked Questions

Can someone under a final order of removal still apply for legal status?

Yes, in certain cases. Individuals under a final order of removal may still have legal pathways available, such as reopening their case if circumstances have changed (e.g., new eligibility through a relative or fear of returning to their home country). This usually requires filing a motion to reopen with immigration court, which an attorney can help prepare.

What happens if I miss my immigration court date?

Missing a scheduled court hearing typically results in an automatic order of removal. However, you may be able to file a motion to reopen the case if you had a valid reason (such as medical emergencies or not receiving notice). It’s vital to act quickly and seek legal help if this happens.

Are people with DACA or TPS still at risk of deportation?

While DACA and TPS offer temporary protection, they do not guarantee permanent legal status. Recipients can still face enforcement if they commit certain crimes or let their status lapse. Legal counsel can help explore options for transitioning from temporary to permanent status.