After an Immigration Arrest, How Soon Will the Undocumented Immigrant Be Deported?

• any prior entries and removals
• length of time spent in the United States
• current U.S. enforcement priorities for removal
• whether the person has a credible fear of persecution in the home country and can apply for asylum
• whether leaving voluntarily is an option, and
• whether an immigration judge will hear the case.

Whether the Foreign National Has Been Ordered Removed Before

If there is an order of removal (deportation) in a foreign national's file, U.S. immigration authorities can simply act on it and send them back to their home country right away. Still, if you think they might have any argument for staying, it could be worth consulting with an immigration attorney, who could potentially ask that the case be reopened.

How Long the Person Has Been in the United States

Someone who came to the United States only recently (meaning within the past two years, under the second Trump administration) might be subject to what's called "expedited removal." This means they can be deported quickly, without being allowed a hearing before an immigration judge.

If, on the other hand, the person has been in the United States for 10 or more years, has been of good moral character, and can show that deportation would cause "exceptional and extremely unusual hardship" to any qualifying relative(s) who is (or are) U.S. citizens or lawful permanent residents, they might qualify for "cancellation of removal," which leads to a green card. This will likely involve at least two hearings in immigration court, and take many months or even years to resolve.

Additionally, depending on the country of origin and whether it's generally considered safe for people to go back there at this time, the person could potentially qualify for Temporary Protected Status (TPS), offering a temporary right to remain in the United States (though it doesn't lead in any direct way to permanent status or a green card).

Sometimes the U.S. government will grant prosecutorial discretion or administrative closure of cases that are not of highest priority given the limited resources of the enforcement authorities. An undocumented person who has a clean criminal record and has been in the United States for more than three years might want to examine this option, most likely with an attorney's help.

Of course, if the person is considered a high priority of deportation, the system might move quickly toward deportation. And enforcement priorities tend to change with each presidential administration; the first Trump administration took a zero-tolerance approach to all undocumented persons, and the second one shows all signs of doing exactly the same.

Someone who fears persecution upon returning to their home country might be able to avoid the effects of expedited removal and present a case for asylum, withholding of removal, or Convention Against Torture relief before an immigration judge. Any of these can lead to a long-term right to remain in the United States.

Like other defenses to deportation, these would likely involve at least two hearings in immigration court, and take many months or even years to resolve. See Asylum & Refugee Status for more information.

See Voluntary Departure: Who Is Eligible? for more information on the option of leaving on your own, without being formally deported. Don't just do this casually, or you might be viewed as having "self deported." Asking an immigration judge to grant voluntary departure avoids the effects of a removal order, namely the long-term bar to future U.S. immigration that an order of removal creates. It's a good way to protect one's right to immigrate to the United States in the future, if there's a possibility of having some grounds upon which to do so.

If already in proceedings in U.S. immigration court, see Judge's Decision in Immigration Court: How Long It Will Take to Get for further analysis of the likely timing. As alluded to above, court proceedings can take months or years, because the system is so backed up with various types of cases. Although these delays can be beneficial in some instances, the person's life will not be easy in the meantime; either waiting in detention or living in the United States with possibly no right to work (depending on the type of immigration case).

As you can see, dealing with deportation proceedings is a highly complex area of immigration law. Getting your friend or family member in contact with an experienced immigration attorney would be well worth your while and the expense.