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If an illegal immigrant has to appear in court as a victim of a case, will the court check their passport and deport the illegal

Alhambra, CA |

Will the court check the passport for overstayed visa? and do they have the power to deport?

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Attorney answers 4


No, clerks do not have that authority. Only the Federal Government has the authority to deport. Good luck.

714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.


A criminal court (as it sounds like you are referring to) does not check the passport of a witness, nor does a criminal court deport people. They could only report you to Immigration Customs and Enforcement (ICE).
However, you may want to talk to an attorney about your case because victims of certain crimes who are helpful to the prosecution (by, for example, appearing in court and testifying on the case) are eligible for immigration benefits through a U-visa. (714) 871-4529 (714) U.S. 1 - 4 LAW The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo are only general answers, as specific answers would require knowledge of all the facts. As such, they are not comprehensive and may or may not apply to the question.

Robert West

Robert West


Be careful.


It depends on where you are.

In AZ it is not a good idea.

Talk to an attorney to be safe.

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


Not usually but anything is possible.

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