Deportation is the process by which the federal government sends a non-citizen back to his or her home country. It’s a common occurrence for immigrants who are caught without proper documentation or who violate the terms of their visa or other immigration status. It’s also the fate of those who commit crimes involving moral turpitude or engage in subversive activities. Deportation is an extremely complicated legal procedure, and if you’re found deportable, it can take years before your case concludes.
The deportation process begins with ICE placing you in removal proceedings, which means that the agency is formally accusing you of being removable from the United States. Typically, ICE will only place you in removal proceedings if they have probable cause to believe that you are in the United States illegally or have committed a crime that makes you removable from the country. Once you’re placed in removal proceedings, the next step is to have a hearing before a judge.
During this hearing, the judge will review the evidence in your case and hear any testimony from you or your witnesses. The judge will then make a ruling on whether or not you should be deported. Individuals who are not granted bond are incarcerated in an immigration detention center or other contracted prison until their cases are either completed or they’re given the opportunity to leave the country on their own (under certain strict guidelines) through voluntary departure.
If you’re found removable and lose your hearing, you may still be able to appeal the judge’s decision through the Board of Immigration Appeals. However, many individuals do not file an appeal because the deportation process is so lengthy and complicated.
Another way to be deported is through judicial removal, which takes place when you’re convicted of certain criminal offenses and ordered removed by a federal judge as part of your criminal sentence. The government can also pursue judicial removal for noncitizens who are subject to expedited removal proceedings or who have been removed from the United States in the past.
The Obama administration has sought to streamline the deportation process by narrowing its enforcement priorities and pushing ICE agents to screen migrants more quickly. However, the agency’s limited resources have hindered its ability to deport people at a quicker rate, and it has relied on information-sharing programs like Secure Communities to speed up the deportation process. Recent DHS guidance that could receive increased focus in a second Biden term seeks to further narrow enforcement targets, focusing on families and single adults from countries with easier deportation processes such as Mexico and Central America.