What Are Your Potential Defenses Against Deportation?

A deportation action can leave you fearful about your future in the U.S. However, you may be able to present a defense. A deportation defense lawyer might recommend one of the following four arguments.


One of the simplest arguments is that deportation poses a danger to you or your family if you return to your country of origin. People often assert this argument if they've fled political, social, or religious persecution. You may also be able to present this defense if you'd face criminal violence, especially from organized crime operations in a country that hasn't controlled such activities.

Notably, changing situations in countries may make this a viable defense even if your original visa wasn't granted for asylum. If someone came to the U.S. as a student and saw the government change back home, they might have different concerns now than when they arrived.

Deferred Action

The American federal government has occasionally deferred actions against classes of immigrants. For example, the government has deferred actions against childhood arrivals in many cases. These are people who didn't choose to come to America. Instead, they came because their parents brought them.

The Deportation Action Is Legally Wrong

A deportation defense attorney might also tell the court that the government's action is wrong. Perhaps the database didn't update recently enough to catch that a person's status had changed. Even something as simple as the government's database flagging the wrong person can happen.

Someone might have gone from a student visa to an employment one, for example. Similarly, a person may have changed their visa because their employment status or role changed. In these cases, a lawyer will focus on proving that the government just got its facts mixed up. If you're asserting that the government falsely flagged you, you may have to document that you are a different person or explain why you think the state is wrong.


Some deportation cases arise because other governments make bad-faith reports to mess with people. The initial report might look bad for the subject of the deportation hearing because it could suggest that they lied on their visa application. However, your deportation defense lawyer might point to similar cases where the same government told the U.S. bad things about people that turned out to be untrue.

If you prevail before the court, you will likely need a waiver. The judge can decide to delay the deportation until it finds more facts. Also, the court could offer a waiver to give you sufficient time to sort out your visa situation. For more information, contact a deportation defense lawyer near you.