QUESTION
Can my husband be deported if he is here in the state illegally and has been arrested for the third time?
Asked on Feb 28th, 2013 on Immigration - Nevada
More details to this question:
I live in Springdale, Arkansas. He is here illegally and was arrested for driving without license for the third time. He has a court date tomorrow and has to serve 4 days in jail. Can they deport him?
3 ANSWERS
The state cannot, but the Federal Government may take action to detain him and charge him to effect a deportation. At times, an immigration hold will be placed upon him, so that the State must release him to The Immigration and Customs Enforcement Agency.
Answered on Mar 01st, 2013 at 1:32 PM
Robert E. West
If he isn't legally present in the US, then of course he can be deported.
Answered on Mar 01st, 2013 at 1:31 PM
Bruce A. Coane
Normally, unless he's previously been deported, ICE would have to prosecute him in immigration court to get a deportation order. If he has a good lawyer, it could take several years before ICE ever got a deportation order.
Answered on Mar 01st, 2013 at 1:31 PM