What Is Deportation (Removal)?

Deportation (also known as removal) is a confusing and scary possibility for foreign nationals living in the United States, but it is important to understand how the process plays out. Let's walk through:

• what it means to be deported
• who is at risk of being deported (including both undocumented immigrants and those with visas or green cards), and
• what to expect in deportation proceedings in immigration court.

A big thing to keep in mind that (despite Trump-era promises of "mass deportations"), in most cases, a foreign national won't be deported from the United States right away. There are legal procedures to be gone through first. What's more, many foreign nationals are surprised to find that solid legal defenses, including possibilities to obtain lawful U.S. immigration status, can be claimed while they're in deportation proceedings.

What Does "Deportation" Mean?

The legal term for deportation is "removal," but many people use these two words interchangeably, including attorneys, immigration officers, and immigration judges. We will use the word "deportation" in this article.

First, let's understand the difference between being placed into deportation proceedings, being ordered deported, and actually being deported.

• Being placed into deportation proceedings means that the government is starting a process that could end in an order of removal. The government normally initiates the process by giving the foreign national a Notice to Appear (NTA), listing the charges against them and ordering them to appear in court.
• Being ordered deported means that either an immigration judge or an immigration officer has concluded any scheduled hearings and determined that the foreign national is not permitted to remain in the United States, and ordered departure. (See When Is an Order of Removal From an Immigration Judge Final?)
• Finally, being deported means actually leaving the United States, either on one's own or after receiving a "bag and baggage" letter from Immigration and Customs Enforcement (ICE) detailing when and where to show up for transport. (See If the Immigration Judge Orders Me Deported, What's Next?.)

On What Basis Can Someone Be Deported?

U.S. immigration law contains numerous grounds of removability; that is, reasons that the United States can legally send a foreign national home or to another country. (See 8 U.S.C. § 1227.)

The most commonly used ground applies to people who have no legal immigration status or right to be in the United States in the first place, likely because they entered the country without permission or overstayed their permitted time under a nonimmigrant visa or the Visa Waiver Program (VWP).

Other grounds, which can even apply to lawful permanents or conditional residents (who have a green card), include things like having committed a crime, used fraudulent documents, lied to an immigration officer, violated the terms of their visa or immigration status, joined a cause that poses a security threat, or failed to tell the U.S. government about a change of address. Anyone who is not a U.S. citizen can potentially be placed into removal proceedings.

Someone's removability can come to the attention of U.S. immigration authorities in any of various ways. If the person applies for an immigration benefit and the government denies the application, it might follow up with an NTA, thus starting removal proceedings.

Or if the foreign national is arrested and the police check receive an "immigration hold" order, Immigration and Customs Enforcement (ICE) might detain the person longer than was originally intended and/or immediately check into the person's immigration status and determine they are potentially removable.

Understanding the Deportation Process

There are some possible procedural differences in the path toward deportation, depending on one's immigration history and the way one comes to the attention of U.S. immigration authorities. Here's a quick overview.

Foreign National Placed in Removal Proceedings

The most common first step to being deported is to first be placed into "removal proceedings." Removal proceedings start because ICE formally accuses the non-citizen of being removable. The government does this when it believes the person is either in the United States without proper documentation, has violated the terms of a visa or other status, or has committed a violation that prevents them from remaining in the United States.

If you are placed in removal (deportation) proceedings, you will be scheduled to appear before an immigration judge, who will then hold one or more hearings and decide whether to order you deported.

Foreign National Detained or Pays Bond to Avoid Detention

In some but not all cases, the U.S. government will decide that the foreign national is either a flight risk (won't show up for hearings) or a risk to public safety generally. In that case, the immigration will be held in detention, potentially for many months, while hearings are concluded. Some might be released upon payment of a bond, or allowed to go free while wearing an ankle bracelet.

Also see Mandatory Detention: When U.S. Immigration and Customs May Hold a Noncitizen Without Bond and Can I Pay a Bond to Get a Relative Out of Immigration Detention?.

Foreign National in Expedited Removal Proceedings

Another procedural path to being deported is what is called "expedited removal." The U.S. government initiates expedited removal proceedings against certain people who are in the United States without documentation or who have misrepresented material facts in order to obtain U.S. admission.

However, you can be placed in expedited removal proceedings only under certain circumstances; though under the second Trump administration, these have been expanded to where the limitations have little meaning. Currently, you are considered a candidate for expedited removal if you are either:

• at a U.S. port of entry or border
• entered the United States unlawfully and were apprehended within two weeks of arrival and within 100 miles of U.S. border
• entered unlawfully and are encountered anywhere in the United States more than 100 air miles from a U.S. international land border and have been continuously present in the United States for less than 2 years, or
• entered unlawfully, are encountered within 100 air miles from a U.S. international
  land border, and have been continuously present in the United States for at least 14 days but for less than 2 years.

This Trump policy could change, however, given that the ACLU and other organizations have filed suit.

In expedited removal proceedings, you will not see an immigration judge at all. Instead, an immigration officer will decide whether you should be deported. You will be ordered removed without a court hearing. This process happens very quickly, and you are likely to be held in an immigration detention facility while the process plays out.

Reinstatement of Removal

Another way to be deported is through "reinstatement of removal." The procedure is used only with people who have been ordered deported from the United States in the past and have come back without permission. Like with expedited removal, you will not see an immigration judge. An immigration officer can order and bring about your removal from the United States on this basis.

What Are the Steps in Deportation?

The steps in expedited removal and reinstatement of removal are first, being encountered by an immigration official, then being questioned, then the immigration official determining whether you should be removed and if so, taking final steps to arrange this.

The steps in regular removal proceedings are more complicated and take longer.

• The government will file an NTA with the immigration court. Sometimes this document will have a hearing date and location listed on it. Most often, however, you will receive a separate document in the mail with a date and location for your first hearing.
• You will attend your first hearing, called a "master calendar hearing." Here, you will discuss with the immigration judge (IJ) and the U.S. government attorney whether the charges against you in the Notice to Appear are true and whether you are eligible to apply for relief from removal. If you have no realistic basis upon which to claim relief, you might be ordered deported at the master calendar hearing. Or, depending on the circumstances of your case, you might be scheduled for more than one master calendar hearing.
• If you are potentially eligible for relief from removal, the immigration judge will set a deadline for you to file any applications and evidence. The immigration judge will also schedule your case to be heard at an "individual hearing."
• At the "individual hearing", the immigration judge will review your evidence, listen to your testimony and that of any witnesses, and decide whether to approve your application. If the judge denies your application, you will be ordered deported.
• If denied, you can either appeal the immigration judge's decision or accept it as final. If you tell the immigration judge you want to appeal, you will need to file the necessary documents with the Board of Immigration Appeals (B.I.A.) before the deadline the immigration judge sets. So long as you file the appeal on time, you will not be deported while the appeal is pending. (And you might be able to file further appeals to higher federal courts, all the way to the Supreme Court in some cases.) If, on the other hand, you tell the immigration judge you do not want to appeal the order of removal, then it becomes a final order, and ICE will begin the process of deporting you. (See If the Immigration Judge Orders Me Deported, What's Next?.) For non-detained immigrants, they typically notify them that they must appear for transport on a certain day (with a "bag and baggage letter") and then fly them to their home country (at government expense).

Getting Help If Facing Deportation

Being deported or being placed in deportation proceedings can have serious consequences for your ability to not only stay in, but eventually return to the United States. To find out whether your deportation can be prevented, and for help in preparing and presenting your case to an immigration judge, talk to an experienced immigration attorney as soon as possible.