Deportation, or removal, is the process by which a federal immigration agency removes noncitizens from the United States after they have been found to have violated the nation’s laws on illegally remaining in the country. It is the central tool of our system of immigration law enforcement, which focuses on people who have broken the law. Deportation is a harsh and costly punishment that can damage families, harm communities, and diminish the economy. It often leads to long-term trauma for the individuals and families it affects and creates a climate of fear and anxiety for the broader community.
Historically, deportation has had a broad and cruel meaning: it was used to banish political opponents or those convicted of crimes like poisoning, murder, forgery, adultery, and other serious offenses to foreign countries that were considered penal settlements. Today, the term is more generally used to describe the forced expulsion of someone from their home country and their transport back to that place. The United States has the power to deport a person based on any of a number of legal grounds, including criminal activity, unlawful presence, violations of immigration laws, or failure to respond to an order for removal.
The executive branch sets ICE’s priorities for deportation, which determine the likelihood that an individual will be removed. In addition, the president can limit due process rights in the name of national security. The framers of our Constitution intended that the government should not be able to use the threat of removal as a weapon against those who have committed no crime.
Mass deportation would require a massive expansion of immigration enforcement and disrupt communities. It would also harm the nation’s economy by reducing labor force participation and causing job losses for millions of Americans. Deporting millions of people who have built lives in America is an unprecedented and radical step that could have lasting consequences.
Many of those who are subject to deportation have no criminal records or other issues that warrant a removal action. However, in some situations a judge can issue an order of removal when he or she has probable cause to believe that the individual has violated immigration laws. Then, ICE can arrest the individual, and a hearing will be held before the immigration judge to decide whether the person should be removed from the country.
In the past, strained diplomatic relationships have made it difficult to deport people to their home countries. These so-called “recalcitrant” countries include Russia, China, Venezuela, India, and Mauritania. In these cases, the United States has been able to get around this obstacle by creating agreements with other nations that agree to accept those people.
If the administration pursues its current policies, it will likely deport millions of undocumented people, separating families and destroying communities. Moreover, it would deprive federal, state, and local governments of billions in taxes paid by these households and cost the country trillions of dollars in lost economic output.