Deportation and Removal Laws

Deportation, or removal, is the formal process the U.S. government uses to expel a noncitizen for violating immigration laws or committing certain crimes. The Department of Homeland Security and immigration courts handle these proceedings, which can involve hearings, detention, and limited opportunities to apply for relief. Because removal can carry long‑term consequences, including bars on returning to the U.S., many noncitizens seek legal help to understand their rights and options.

FindLaw’s Deportation and Removal Laws section will help you understand this process. Use the menus below to navigate to the most relevant topic, or scroll down to learn more about removal proceedings and legal options for avoiding deportation.

A deported noncitizen often loses the right to return to the United States. These processes and conditions are part of the deportation proceedings. In some cases, a noncitizen may face expedited removal proceedings. This happens when the government finds that a noncitizen has committed serious criminal acts or violated immigration laws.

A noncitizen subjected to deportation has certain rights before removal from the United States. These rights include challenging the removal proceedings on constitutional or procedural grounds. This step may involve court hearings. A “Master Calendar Hearing” is the first hearing.

The Executive Office for Immigration Review (EOIR) supervises the master calendar hearing. A noncitizen may also apply for cancellation of removal or waiver, depending on each circumstance.

Classes of Deportable Individuals

The U.S. Citizenship and Immigration Services (USCIS) plays a vital role in the immigration system. This government agency manages every step of legal immigration, from visa application to U.S. citizen application. The USCIS also outlines who can be considered for removal or deportation proceedings. A noncitizen in the United States may be subject to deportation or removal if they:

• Are considered an inadmissible person without legal status according to immigration laws in effect at the time of entry to the U.S. or change of nonimmigrant status
• Are present in the U.S. in violation of the Immigration and Nationality Act (INA) or any other U.S. law
• Violate the immigrant status or a condition of entry into the U.S.
• Terminate a lawful permanent residence, also known as green card status
• Encourage or aid any other person to enter the U.S. illegally
• Engage in marriage fraud to gain admission to the U.S.
• Have criminal convictions or committed certain criminal offenses, particularly an aggravated felony
• Fail to register or falsify documents relating to entry into the U.S.
• Engage in any activity that endangers public safety or creates a risk to national security
• Involvement in illegal voting

A noncitizen committing any of these acts could affect their status change or U.S. citizen application.

The Deportation or Removal Process

The deportation or removal process can be a complex legal procedure involving various government agencies. The process usually begins when the government sends a Notice to Appear (NTA). The NTA can provide information about hearings and potential forms of relief. The following steps of a deportation or removal process look like:

1. The U.S. Immigration and Customs Enforcement issues the NTA. The NTA is then served to the noncitizen and filed with the immigration court. The NTA also states the reasons for the deportation or removal.
2. The noncitizen has to appear at a scheduled hearing. During the hearing, an immigration judge asks if the noncitizen is ready to proceed with the case or needs time to hire an attorney. If the noncitizen needs time to hire an attorney, the judge will schedule another hearing for later.
3. Once the noncitizen has an attorney or has chosen to proceed without one, the immigration judge will ask the noncitizen to verify the contents of the NTA.
4. Suppose the judge determines that the information in the NTA is accurate and that the noncitizen can be deported. In that case, they may apply for relief from deportation, such as deferred action (DACA), voluntary departure, or withholding of removal proceedings. The court schedules a hearing if the individual is eligible for relief and decides to apply for it. If the individual is not suitable, an order of removal will be issued. This will start the deportation process.
5. If there is an individual hearing, the lawful permanent resident can give testimony and have family members or other witnesses testify on their behalf. After the hearing, the immigration judge will either make an oral decision or release a written decision later.

If the individual has been ordered deported, they have 30 days from the decision date to appeal the decision to the Board of Immigration Appeals (BIA). A noncitizen’s eligibility for such an appeal may depend on several factors. This includes:

• Prior criminal convictions
• The nature of the case
• The noncitizen’s immigration status

Law enforcement agencies and USCIS work together to handle the immigration process and uphold immigration law. An appellate court decision can be appealed to the U.S. Supreme Court by either the individual or the immigration service.

A Lawyer May Be Able To Stop a Deportation

Deportation can be distressing for many immigrants, particularly if they do not have anyone to return to in their home country. If you or someone you know is facing deportation or removal, find an experienced immigration attorney near you.

They can guide you through immigration proceedings and help you understand your rights and situation. Do not be afraid to speak with an attorney—they can provide confidential legal advice regardless of your legal status.

FindLaw’s directory of immigration law attorneys in each state can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Your results will also show key details about prospective attorneys, including ratings, languages spoken, and areas of practice.