Deportation, sometimes referred to as removal, is the process of expelling an immigrant from the United States. The government may initiate deportation proceedings against any immigrant in the country, regardless of whether they are a citizen or a lawful permanent resident (green card holder). The deportation process has four steps: identification, apprehension, detention, and repatriation. The first step is when ICE identifies an individual who is subject to deportation, which can occur either by examining criminal convictions or by assessing a person’s risk of returning to a country with a high crime rate. The second step is the apprehension and detention of the person. In most cases, the individual is held in a local jail until their case is resolved, at which time they are transferred to ICE custody and placed in one of the agency’s detention centers, or referred for repatriation to their home country.
The final step is physically repatriating the person back to their home country. This can be done either by a commercial air flight or, in some cases, ground transportation. ICE’s repatriation program is run through the Department of State, which contracts with airlines and other contractors to provide airplanes, ground transportation, and other services.
In general, current immigration enforcement priorities prioritize the identification and deportation of individuals who have committed serious crimes or posed significant threats to public safety. Moreover, many individuals targeted for deportation have deep community ties and U.S. citizen children, which makes their removal more difficult. Expanding mass deportation efforts beyond this group would involve enormous and costly expansions of immigration enforcement activities and a disruption to communities.
During his 2016 campaign, Donald Trump vowed to create a massive deportation force to round up undocumented immigrants. Although he has not followed through on this promise, mass deportation remains a prominent feature of the rhetoric of leading immigration hawks.
Aside from the harm caused to people who are actually deported, the threat of deportation has ripple effects throughout communities. Families are split apart when a loved one is removed, and children are sent away from their parents and often have to leave the country where they were born and raised. Legal scholars call this phenomenon “de facto deportation” and argue that it violates the rights of young U.S. citizens whose parents are deported to dangerous or inconvenient places.
Many individuals who are in removal proceedings have a path to stay in the United States, such as an employer willing to sponsor them for a green card or family members who will immigrate on their behalf. However, the stakes are high for anyone facing deportation, and working with a skilled attorney is critical. Contacting an experienced immigration lawyer early in the removal process can help ensure that your rights are protected and you are not forced to leave the country you know and love. Click here to schedule a free case consultation with an attorney.