# Competence in Immigration Removal Proceedings

- Link: https://www.alquimedez.com/competence-in-immigration-removal-proceedings
- Published: 2021-09-10T07:26:04+00:00
- Author: alquimedezhemo

Henry Montero, LMHC, CASAC-2, CTTS

**Alquimedez Mental Health Counseling**
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As the title suggests, the removal of immigrants is a possibility. It is quite tangible,
even if it may be considered harsh in certain circumstances. Legally known as deportation,
the possibility can arise for any number of reasons.

**Proceedings**
 Typically, when an individual is facing deportation, he has to 
participate in a removal hearing. In the United States of America, this is initiated
by a notification that is sent to the relevant person. This means that the Department
of Homeland Security (DHS) wishes to remove a specific individual from the country.
As per the law, individuals who are the subject of such proceedings may be charged
with being either removable or inadmissible.

Removability and inadmissibility are two distinct concepts. In the case of the former,
it generally applies to individuals who are illegally living in the country. On 
the other hand, under immigration laws, inadmissibility applies to people who are
still in the process of gaining US citizenship.

Naturally, if a person or their entire family is facing the prospect of removal,
it can be quite challenging, emotionally and mentally. First and foremost, those
affected should try to comprehend the process and then take the steps required to
deal with the ensuing legal battle. This is without the psychological toll that 
it may take on people. This is why **forensic mental health** professionals may 
be involved in some capacity to help people who are under extraordinary stress.

In terms of legal ramifications, the government of the United States places many
people on such lists. Fortunately, not all individuals who are placed on such lists
are removed from the country. The onus lies on the government and their lawyers 
to prove beyond a reasonable doubt that there is a strong case for removability.
In case they fail to establish authentic reasons why a person should be removed,
then the court will not order a removal.

The judges who are assigned such cases are employees of the government, and they
always make an objective decision which is taken after both sides of an argument
are taken into account. Ultimately, they issue a final order either asking for removal
or relief from removal.

**Professional Help**
 In the United States alone, there are an excess of 9 million
children who are undocumented immigrants. This transpires because America shares
its borders with Mexico and Latin America, which is where the bulk of these children
originate from. Although undocumented, many of these youngsters are born on American
soil, which complicates matters further.

These children are then granted birthright citizen according to the law. These children
then reside in homes where the children are legal citizens, but the parents may 
still be undocumented. These are called mixed-status families.

This creates an issue for the families in the long term because legal proceedings
begin which is a source of psychological pain for the families involved.