The Path to Deportation

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Deportation, or removal, is the government’s process for removing someone from the United States. This can happen when a person is found to be in the country illegally or has committed serious crimes. There are several different ways that a person might be deported, and the path toward deportation can vary depending on how the noncitizen comes to the attention of immigration authorities. For example, someone might be placed into removal proceedings if they apply for an immigration benefit and the government denies their request. Alternatively, the government might start removal proceedings if they arrest a noncitizen and find that they are potentially removable.

In some cases, a person might be removed without ever seeing an immigration judge, which is called “expedited removal.” This type of proceeding can be started if the noncitizen is found to be in the country illegally and the government believes that they should be deported quickly.

Generally, to be deported, the noncitizen must have an attorney to help them navigate the process. During the first hearing in the case, called a master calendar hearing, an immigration judge (IJ) will discuss with the U.S. government attorney whether the charges in the Notice to Appear are true and if there are any realistic basis upon which the noncitizen could claim relief from removal. The noncitizen might be ordered deported at this hearing or, in some cases, the IJ might schedule a second master calendar hearing to decide whether the noncitizen will be ordered deported and, if so, when they should depart from the country.

After a noncitizen is deported, they are usually sent back to their country of origin. However, the deportation process can be complicated. For example, if an immigrant is not a citizen of the United States and has children who are citizens or lawful permanent residents, the deportation process can have a profound impact on their families. In fact, a new study by the Marshall Project and the Center for Migration Studies shows that over half of mixed-status families fall below the poverty line after an undocumented family member is deported.

While the Trump administration has made great strides in narrowing legal immigration, increasing asylum and reducing refugee resettlement, it has failed to deport as many people as it had promised during its campaign. This is due to resistance from state and local officials who have pushed back against immigration enforcement with “sanctuary” policies and other measures.

The administration has also begun to expand expedited removal in the interior of the country, which would deport millions more unauthorized immigrants than in the past. This expansion of expedited removal is troubling for a number of reasons. For one, it is likely to lead to a greater incidence of deportations of people who have no criminal records and who could be reunified with their loved ones once they returned home. It might also contribute to a climate of fear for millions of families. It is important for people who are impacted by this policy to understand their options and how to fight back.