The message is clear: The Trump administration wants all immigrants without legal status to leave the country. In some cases, this is true even if you might be in the process of legally applying for asylum.
To this effect, President Trump revoked several Biden-era protections and immigration processes through executive order, including the "Protecting the American People Against Invasion" order issued in January that modified the CBP One app to turn it into a tool for self-deportation. In addition, the Trump Administration has revoked Temporary Protected Status (TPS) for some immigrants, made registration mandatory for all immigrants who have been in the U.S. for over 30 days, and begun immigration raids in previously protected spaces such as churches and courthouses.
Now, the Trump administration is floating something entirely new: an economic incentive to self-deport.
The Promised Benefit
The measure is an economic incentive added to the self-deportation proposal already in place with the launch of the CBP Home app.
CBP Home is a free mobile app from U.S. Customs and Border Protection (CBP) that offers immigration and trade services. It was launched to replace the Biden administration's CBP One app, which provided appointments for asylum interviews. The updated app is completely different from the previous version. Its purpose is to help people leave on their own and save resources.
The main advantage of using the CBP Home app for undocumented immigrants is that they can avoid possible arrest and imprisonment. The government promises users of this system an "orderly" exit without arrest.
On May 5, the government promised to pay for travel and provide a one-time $1,000 payment to any undocumented immigrants who use the app to self-deport. "Self-deportation" is not a new concept. What is new are the added incentives.
Voluntary Departure
“Voluntary departure” has historically been used by those already in deportation proceedings who decide to leave voluntarily to avoid the consequences of a deportation order. In voluntary departure, the undocumented foreigner must pay for their own transportation costs. However, the consequences of voluntary departure are less severe than for those who are involuntarily deported.
For those who pay for their own departure costs, the government affirms that they will have the benefit of planning their departure on their own time, “on their own terms,” and completing their work or school obligations.
Now, the government is perhaps offering financial assistance. The CBP Home website states that the app can be used even if the person has a final removal order. Those who have previously been deported or are currently in deportation proceedings can also use it. However, it is important to note that the announcement is very recent and lacks details. It is unclear whether the financial incentive applies to all who can use the app or whether there will be exceptions.
Financial assistance is unavailable to people with criminal records or those who entered without inspection. It's unknown if other exclusions will apply. No specific information has been given regarding how the $1,000 will be paid; only that it will be paid when the immigrant has returned to their country.
The website claims that the app allows foreigners here illegally to avoid being placed on ICE's priority list and organize their departure and return in an orderly manner. However, it's still unclear whether accepting financial assistance will prohibit returning to the U.S. The Trump administration has suggested that people who voluntarily leave may be eligible to return, but that is speculative at this point.
Two other items of note include:
- The absence of a deportation record is positive for a potential legal visa application, because the re-entry ban would be shorter than if you had been deported. However, there is no guarantee that you will be able to return, and obtaining a visa approval is difficult, especially with a history of overstaying a previous stay, whether or not you left voluntarily.
- Using the app does not exempt you from the re-entry ban that would apply if you were deported. These grounds for inadmissibility are covered by the Immigration and Nationality Act (INA). The more times a person has been unlawfully present and the more illegal entries they have made, the longer the re-entry ban.
Who Qualifies for the Incentive?
Those eligible to receive the $1,000 must:
- Be physically present in the United States
- Have no criminal record
- Have had an encounter with CBP at a port of entry or between ports of entry
- Have a permit that has expired or is about to expire
When Will I Receive the Money?
The $1,000 payment is promised after the return to the country of origin is confirmed through the application, not before. As noted, it's unclear how the money will be provided or what guarantees there are of receiving it once you are in a foreign country.
Possible Negative Consequences
To voluntarily depart, you must admit you are in the country illegally, whether or not you are targeted by Immigration and Customs Enforcement. ICE may have no information about you and you may not be in immediate danger of deportation. While the administration has said they will not prioritize people who use the app, that could change.
Furthermore, as mentioned above, there is no guarantee of re-entry, nor are there any details yet on how the money will be delivered or whether the benefit will contain other exclusions, such as those with prior deportations, those in process, or those with final deportations.
It is highly recommended to consult with an immigration attorney before downloading or submitting any information through the CBP Home app.
Related Resources
- Wisconsin Judge Part of Immigration Arrest (FindLaw's Courtside)
- What You Need to Know About Administrative and Judicial ICE Warrants (FindLaw's Law and Daily Life)
- Court Curbs Trump's Power to Deport Venezuelans as 'Alien Enemies' (FindLaw's Federal Courts)
