Deportation (also called removal) is the process by which the federal government forces a person to leave the United States. It occurs when a person has done something that makes them inadmissible or deportable, such as committing a crime or violating immigration law. Some people may not get deported if they have family members who can sponsor them for citizenship or permanent resident status, or if they meet other requirements like qualifying for waivers. Deportation is a very serious matter and should only be undertaken by the federal government when it is absolutely necessary. The decision to deport someone is usually based on evidence such as police reports, witness testimony or immigration records.
Historically, deportation has been used as a punishment for various crimes including murder, adultery, arson, forgery, and embezzlement. It was commonly accompanied by confiscation of property and loss of civil rights. Deportation was originally a punishment for political criminals, but by the 16th century it had been extended to ordinary citizens who were guilty of serious offenses.
Immigration courts review a variety of cases and issue deportation orders for all kinds of violations. A judge can also order a person removed for entering the country without permission, and for other reasons, such as being an armed service member deserter or having a felony conviction on their record. Most of these cases are appealed. Some are resolved by voluntary departure, a process that allows a person to leave the country at their own expense before a deportation order is carried out.
The administration’s goal of removing 1 million people each year is not achievable through expanded immigration enforcement alone. Moreover, carrying out mass deportations would require costly expansions of immigration enforcement, disruptions to communities, and wide-ranging racial profiling. It would also harm children, particularly those in mixed-status households with unauthorized family members, and have profound social and economic impacts.
Deportations of unauthorized immigrants, especially those with long histories in the community and deep ties to their communities, are likely to meet significant legal and public opposition. Moreover, the direct economic costs of deportations are likely to exceed the benefits of reduced crime or increased economic output.
Ultimately, deportation damages the people it removes, their families and communities, and the United States as a whole. This article reviews the empirical literature describing these effects and questions common assumptions that support deportation as inevitable. It critiques reform proposals that reify this logic and points toward the possibility of ending the practice altogether.
If you have been convicted of a crime or found inadmissible for any reason, an experienced attorney can help. An attorney can provide valuable guidance and assistance throughout the entire process, including preparing for a deportation hearing. A lawyer can also explain whether you might be able to get out of deportation proceedings by leaving the country voluntarily before your removal is carried out. You can find free legal services in your area.