U.S. Deportation Procedures

Deportation is the name of the procedure whereby the federal government formally removes an immigrant from the U.S. for violating immigration or criminal laws. Deportation can have serious consequences. A person who has been deported may be barred from returning to the U.S. for twenty years or more, depending on the circumstances. Deportation isn’t limited to undocumented persons; even legal residents may be deported if, for example, they have committed fraud … or if they have failed to inform the U.S. Customs and Immigration Service of a change of address. Since deportations of immigrants who have been present in the country for more than two years has increased, it is important to understand the process.

The procedure varies, depending on certain factors like the length of time that the person has spent in the country and the person’s willingness to depart voluntarily. However, deportation is a legal process, which means that the government must follow prescribed steps before removing a person from the country. It also means that the person to be removed has legal rights, including the right to counsel.

Arrest, Detainment and Voluntary Departure: Learn about how arrest and detention work, and when (and why) an undocumented person might want to depart from the country voluntarily.

Notice, Hearings and Orders of Removal: Follow the process from the initial notice through hearings on posting bond, setting a schedule, and determining the merits of a deportation case.

Appeals, Deportation, and Restrictions on Re-entry: Understand how an immigrant is removed from the country and what options for return might be available.