In The News: Deportations For Alien Immigrants Who Overstay Their Visas, but Have No Criminal Record.
In recent developments, the United States has intensified its immigration enforcement, leading to the deportation of individuals who have overstayed their visas, even those without criminal records. This shift underscores the legal framework that governs visa overstays and the discretionary power of immigration authorities.
Legal Framework for Visa Overstays: Individuals who enter the U.S. legally but remain beyond their visa's expiration are considered to be in violation of immigration laws. While overstaying a visa is a civil infraction rather than a criminal offense, it renders the individual deportable under U.S. immigration statutes. As detailed by USCIS, the consequences of overstaying include:
· Three-Year Bar: Accumulating unlawful presence of more than 180 days but less than one year, followed by departure, results in a three-year inadmissibility period.
· Ten-Year Bar: Unlawful presence of one year or more, followed by departure or removal, triggers a ten-year inadmissibility period.
Recent Enforcement Actions: The current administration has adopted a stringent stance on immigration violations, leading to increased deportations of individuals without criminal histories. Notable cases include:
· Sylvia Camilla Muñoz-Lira: A Peruvian citizen and wife of a Wisconsin resident was detained by Immigration and Customs Enforcement (ICE) for overstaying her J-1 visa. Despite having no criminal record and being in the process of applying for U.S. citizenship, she was apprehended upon returning from her honeymoon.
· Gladys and Nelson Gonzalez: In another recent example, Gladys and Nelson Gonzalez, a couple from Laguna Niguel, California, were deported to Colombia after residing in the U.S. for 35 years. Gladys, 55, and Nelson, 59, entered the United States without authorization in November 1989 near San Ysidro, California, seeking refuge from the violence and instability that plagued Colombia during that period. Over the ensuing decades, they built a life in Southern California, raising three daughters—Jessica, 33; Stephanie, 27; and Gabby, 23—all of whom are U.S. citizens. Nelson worked as a phlebotomist, while Gladys managed the household. The couple consistently complied with immigration authorities, attending regular check-ins with Immigration and Customs Enforcement (ICE) and attempting to regularize their status through legal avenues. On February 21, 2025, during a routine ICE check-in, the Gonzalez couple was unexpectedly detained. Despite having no criminal record and a history of compliance with immigration procedures, they were held in detention centers across several states, including facilities in San Bernardino County, Arizona, and Louisiana. After approximately three and a half weeks in detention, they were deported to Colombia on March 18, 2025.
Implications for Overstayed Individuals: These enforcement actions indicate that visa overstays are being prioritized for deportation, regardless of the individual's criminal history or length of stay in the U.S. The administration's approach suggests that any violation of visa terms can lead to removal proceedings.
Legal Recourse and Challenges: Individuals facing deportation due to visa overstays have limited options for relief. While certain defenses, such as asylum or cancellation of removal, may be available, they require meeting stringent criteria. The recent case of Wilkinson v. Garland underscores the complexities involved in immigration appeals and the challenges non-citizens face in seeking judicial review of deportation orders. The U.S. government's recent actions reflect a strict interpretation and enforcement of immigration laws concerning visa overstays. Individuals who have remained in the country beyond their authorized stay, even without criminal records, are subject to deportation. This development emphasizes the importance of adhering to visa conditions and seeking legal counsel if facing potential immigration violations.