Understanding Deportation and Removal: The Basics

The removal process usually begins when a person violates U.S. immigration laws or commits certain crimes, such as aggravated felonies.

During proceedings, the respondent may challenge the charges and apply for relief. Many people choose to work with an immigration attorney to understand their options.

Deportation proceedings don’t happen overnight. It consists of a series of court hearings that determine whether the respondent is removed from the U.S. Before deporting a respondent, the U.S. government, through its branches, must show that deportation is necessary under the Immigration and Nationality Act (INA).

The respondent can prove their eligibility to stay in the country and explore other forms of relief. This could be achieved by applying for:

• Cancellation of removal
• Withholding of removal
• Waiver
• Adjustment of status

This article provides an overview of the removal process, deportation, and expedited removal. 

What Agencies Oversee Deportations?

The following government agencies oversee different aspects of immigration services:

The Department of Homeland Security (DHS)

The DHS and its law enforcement division oversee this process. The DHS investigates whether an individual has entered the country unlawfully, overstayed their visa, or violated immigration or criminal laws.

Immigration and Customs Enforcement (ICE)

ICE officials enforce immigration laws. They secure the borders in partnership with U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP).

United States Citizenship and Immigration Services (USCIS)

USCIS processes all paperwork for those intending to enter or remain in the United States. USCIS handles applications for:

• Visas (including employment-based visas)
• Green cards
• U.S. citizenship

They also process other immigration status changes, such as naturalization. USCIS supervises other programs, such as Deferred Action for Childhood Arrivals (DACA).

Board of Immigration Appeals (BIA)

BIA addresses cases of immigrants seeking a second chance. It also addresses immigrants disputing the decisions made by the U.S. government. The BIA is integral to the immigration process, particularly when handling appeals.

Who Can Be Deported and Why?

Any noncitizen of the U.S. can be deported. This includes lawful permanent residents (LPRs and green card holders), those with immigrant visas, and undocumented immigrants.

Several factors may subject a person to deportation proceedings. These factors include the following:

• Violation of immigration laws: This includes illegally entering the U.S., overstaying a visa, or violating the terms of legal entry.
• Criminal activity: A person convicted of certain crimes may also face deportation. Among these are drug offenses, trafficking crimes, aggravated felonies, domestic violence, crimes against the government, and more.
• Security and law enforcement: This includes activities that violate the laws and threaten U.S. national security.

Notice To Appear in Immigration Court

A deportation or removal proceeding typically begins with a Notice to Appear (NTA). A Notice to Appear contains an instruction to appear before an immigration judge.

The DHS files a Notice to Appear with the immigration court after serving it to the respondent. The Notice to Appear contains the following information:

• The legal proceedings involved
• The law that supports the proceedings
• The actions or behaviors that allegedly violated the law
• The charges against the person and the rules that were allegedly infringed
• The right to be represented by a counsel of their choice at no expense to the government
• The consequences if the person does not show up at the hearing
• The respondent must give the attorney general a record of their address and contact number

The Executive Office for Immigration Review (EOIR) has a list of immigration courts that have jurisdiction over certain DHS offices or detention centers. The first hearing, also known as the “master calendar,” is held before an immigration judge in immigration court.

At the first hearing, the immigration judge asks whether the immigrant is ready to proceed or needs time to find an attorney. If they need an attorney, the judge reschedules the hearing.

Once the respondent had the chance to hire an immigration attorney, the judge verified the facts on the NTA. The immigration judge also asks for the respondent’s plea to the charges alleged. The respondent’s eligibility for relief is also assessed. If the respondent has committed an aggravated felony, the court may bar certain forms of relief.

Deportation Proceedings

The usual deportation process involves several steps. This process includes court hearings and other legal services that ensure the fairness of the deportation process. The following are the procedures for deportation and exclusion:

• Appearance before the immigration judge
• Filing with the immigration court
• Hearings before the immigration judge
• Motions before the immigration court
• Appeals of immigration judge decisions

If the judge rules that deportation should proceed, the immigration judge issues an order of removal. ICE handles the removal proceedings.

The adjudication process on deportation proceedings often requires an individual hearing. The individual hearing, or “merits,” is more detailed and formal than preliminary hearings. The judge reviews the facts and hears evidence. The respondent also confirms or denies the allegations made against them. If the allegation involves an aggravated felony charge, it could result in the inadmissibility of certain forms of relief.

If the immigration judge rules against the immigrant, they may appeal to the Board of Immigration Appeals (BIA) within 30 days. BIA denials must be appealed in the appropriate U.S. Court of Appeals. A denial at this level can be appealed to the U.S. Supreme Court.

Voluntary Departure

If an individual has no other basis for relief or has lost all their other claims, they may request, or the court may offer, voluntary departure.

Voluntary departure is an agreement that allows the individual to be more flexible in preparing to leave the country. The respondents can also avoid specific penalties they may otherwise face if they do not voluntarily leave the country.

But several reentry bars are not cured by voluntary departure. This means that even if someone leaves the U.S. voluntarily, they may still be barred from returning for a set period of time. Respondents accepting voluntary departure should understand all the obligations and consequences of the order before agreeing.

An Attorney Can Defend Against a Deportation

Facing a potential deportation or getting a Notice to Appear can feel like your entire future is suddenly uncertain. But you are not alone, and expert legal advice can make a meaningful difference. An immigration attorney can explain what to expect and help you build the strongest possible case. 

An immigration attorney can guide you through intimidating immigration proceedings. Their services include assessing your individual case and evaluating all available forms of relief. They can also assist you in any possible appeals or requests for consideration.

FindLaw’s directory of immigration law attorneys 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.