How Does Deportation Work?
There is a three step process for deportation:
- Reason to believe a day laborer has broken immigration law. This could be almost anything, but it is not technically allowed to be based on: a) skin color b) language they speak c) their name However, these three reasons are the MAIN reasons people are targeted.
- A warrant for arrest is issued: * This is generally necessary, but different from police warrants: other ICE officer can issue a warrant (instead of a judge). "Exigent circumstances" is the exception that waives the need for a warrant, and it is always used.
- After the arrest is the removal process. This takes one of several tracks:
- Expedited Removal/Reinstatement: person was already deported before, they get no new hearings, no phone calls, government just needs to identify them and deport them
- Stipulation for voluntary departure. This means: the person opts to go home instead of being arrested -not technically a deportation
- If you have a prior criminal conviction, or if you want to fight your case, you go through the Removal Process: -go before a judge -receive a notice to appear/indictment -concede/contest the charges -facts presented in court about why this person has violated immigration law (these facts primarily come from evidence wrongly gathered because it was based on skin color, language, or name).
What does the physical process of arrest/deportation involve?
- People are taken to PDX ICE headquarters (511 NW Broadway). Not held there overnight.
- People lodged outside Multnomah County for a short time until they are taken to NORCOR in Tacoma, WA., a 900-bed facility, with immigration courts. On Tuesdays and Thursdays and sometimes on weekends buses deport people to Mexico, Central Americans are flown back. People just dropped on the other side of the border, and their baggage is usually lost.
- Note: 511 NW Broadway is the current ICE headquarters. People are held there, but not overnight. ICE vans are parked there.