Deportation, or removal from the United States, is a serious consequence of breaking immigration law. It can lead to loss of family connections, employment, income, housing and access to health care, as well as severe psychological trauma for children and families. It is also a source of economic instability for communities and regions across the country.
While deportation is often associated with criminal convictions, immigrants have been removed for a variety of reasons. Noncitizens can become subject to deportation for being present in the country without legal status, for violating their visa or asylum, for committing certain crimes, or even for making false claims of citizenship.
ICE has arrested thousands of people since President Trump’s inauguration, but the agency still faces challenges in making good on his promise to deport millions of undocumented immigrants. This discrepancy reflects the complexity of the process, which requires legal expertise and timely advocacy.
The deportation process can take months or years. An arrest may lead to an immigration judge hearing, and a negative decision could result in a deportation order that would force someone from the country. In addition, many deportation decisions are appealed and can be reheard by the Board of Immigration Appeals or the Supreme Court.
Immigration attorneys work to help individuals and families navigate the removal process, a cumbersome process that can take months or even years. In cases that are contested, attorneys work to help individuals and families make legal arguments about why they should not be removed from the country, such as showing that they have a positive history of behavior in the community (such as through affidavits), did not commit any serious or violent crimes, or are suffering from extreme hardship for a U.S. citizen spouse, parent or child.
Mass deportations would require significant coordination and cooperation between local, state and federal law enforcement agencies to identify, track and arrest unauthorized immigrants. This could divert resources from addressing crime prevention and national security threats to enforcing immigration law, resulting in higher costs and less effective deterrence.
The deportation of parents and other family members can have profound physical, emotional, and developmental consequences for millions of children in the United States, including those who are U.S. citizens. Studies show that when family members are deported, they often face heightened vulnerability in their countries of origin and experience stigma and difficulties with reintegration. Forced returns can exacerbate the dynamics of violence in those communities, and some migrants have been kidnapped, tortured, raped or killed upon return. In addition, many deported individuals find it difficult to support their families and have limited or no access to health care, while others experience a loss of economic stability that contributes to new cycles of migration. (Stillman, 2018)