Legal Definitions - suspension of deportation

Suspension of deportation was a specific form of legal relief available to certain non-citizens facing deportation from the United States. It allowed an immigration judge, at their discretion, to prevent an individual from being deported, thereby permitting them to remain lawfully in the country.

This relief was established under the Immigration and Nationality Act (INA) of 1952. To qualify for suspension of deportation, a non-citizen had to demonstrate several key factors:

• They had maintained a continuous physical presence in the U.S. for a significant period (historically, more than seven years).
• They possessed good moral character.
• Their deportation, or the deportation of their U.S. citizen or lawful permanent resident spouse, parent, or child, would result in extreme and exceptional hardship.

It is important to note that suspension of deportation was repealed by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996. It was replaced by a similar but distinct form of relief known as "cancellation of removal." While the specific term and statutory provisions for "suspension of deportation" no longer exist, understanding its principles helps to explain the historical evolution of U.S. immigration law regarding relief from removal.

Here are examples illustrating situations where suspension of deportation would have been sought and potentially granted:

• Example 1: Family Hardship and Long-Term Presence

  Maria entered the U.S. on a visitor visa 15 years ago and overstayed. During her time in the U.S., she married a lawful permanent resident and had two U.S. citizen children, both of whom have serious medical conditions requiring specialized care. Maria has no criminal record, has consistently worked, and is the primary caregiver for her children. If Maria were placed in deportation proceedings, she could have sought suspension of deportation. She meets the criteria of continuous physical presence (15 years), good moral character, and her deportation would cause extreme and exceptional hardship to her U.S. citizen children due to their medical needs and reliance on her care.

• Example 2: Community Ties and Established Life

  Javier entered the U.S. without inspection 12 years ago. Since then, he has established a successful landscaping business, employing several U.S. citizens and paying all his taxes. He is a well-respected member of his community, volunteering regularly at local shelters and participating in neighborhood improvement projects. He has no immediate U.S. citizen or permanent resident family members, but his entire adult life, business, and social network are in the U.S. In a deportation proceeding, Javier could have argued for suspension of deportation. He demonstrates continuous physical presence (12 years) and good moral character. The extreme and exceptional hardship in his case would stem from the complete disruption of his established life, the loss of his business, and the significant contributions he makes to his community.

• Example 3: Danger in Home Country and U.S. Family

  Elena fled her home country ten years ago due to political instability and entered the U.S. on a temporary visa, which she subsequently overstayed. While in the U.S., she married a lawful permanent resident and had a U.S. citizen child. She has maintained a clean record and worked diligently. Her home country remains dangerous for individuals with her political affiliations. If facing deportation, Elena could have applied for suspension of deportation. She meets the continuous presence (10 years) and good moral character requirements. The hardship would be multifaceted: the danger she faces if returned to her home country, combined with the hardship to her lawful permanent resident husband and U.S. citizen child if she were forced to leave the U.S.