Deportation
This article does not receive scheduled updates. If you would like to help our coverage grow, consider donating to Ballotpedia. Contact our team to suggest an update.
 |
|
|---|
Deportation refers to the process of formally removing from the United States individuals who have violated federal immigration laws. This may include individuals entering or residing in the country without legal permission, including through the use of falsified documents. Individuals residing in the country with expired legal immigration paperwork may also be subject to deportation proceedings.
While formerly legally referred to as deportation, a term still commonly used, the process is now legally and officially known as removal by federal agencies. The process is initiated by either U.S. Immigration and Customs Enforcement or U.S. Citizenship and Immigration Services. When either of these agencies initiates the deportation process, the non-citizen in question attends a series of hearings before an immigration judge, who decides whether to offer the individual relief from deportation or to issue a final order for removal. An individual who does not qualify for deportation relief may negotiate a voluntary removal, in which he or she agrees to leave the United States on a voluntary basis. These individuals may return legally to the United States in the future. Otherwise, deported individuals may not return for 10 years, even with a legal visa.[1]
Enforcement
U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) are the two primary federal agencies involved in the deportation process. Both agencies report to the U.S. Department of Homeland Security. ICE had a budget of about $6.15 billion in 2016; USCIS had a budget of about $3.61 billion. The deportation process can be initiated by an arrest by ICE, the U.S. Border Patrol, or U.S. Customs and Border Protection. The process can also begin if USCIS denies an application for legal status. Local law enforcement agencies can be involved in immigration enforcement as well, such as through requesting the immigration status of an individual from ICE or detaining an individual for ICE.[2][3][4]
Enforcement of federal immigration law comprises two separate processes: removals (or deportations) and returns. Removal is the legal process of moving someone who has broken federal immigration law out of the country. The return process, on the other hand, does not involve legal proceedings and often involves stopping someone at or near the border who is attempting to enter the United States without legal permission and preventing their entry. Returns may also include voluntary removals—by which individuals voluntarily return to their home country—and withdrawals of petitions for admission.[5]
The pie charts and table below provide information on the total number of individuals removed or returned by DHS for each year between 2000 and 2015. Between those years, the number of removals increased from about 188,000 to about 333,000, while the number of returns decreased from about 1.7 million to about 129,000. Removals comprised 10 percent of total deportation actions in 2000 and 72 percent in 2015. Returns comprised about 90 percent of deportation actions in 2000 and about 28 percent in 2015.
Percentage of removals and returns, 2000 and 2015
 |  |
| Number of returns and removals, 2000-2015 | |||||
|---|---|---|---|---|---|
| Year | Removals | Returns | |||
| 2000 | 188,467 | 1,675,876 | |||
| 2001 | 189,026 | 1,349,371 | |||
| 2002 | 165,168 | 1,012,116 | |||
| 2003 | 211,098 | 945,294 | |||
| 2004 | 240,665 | 1,166,576 | |||
| 2005 | 246,431 | 1,096,920 | |||
| 2006 | 280,974 | 1,043,381 | |||
| 2007 | 319,382 | 891,390 | |||
| 2008 | 359,795 | 811,263 | |||
| 2009 | 391,341 | 582,596 | |||
| 2010 | 381,738 | 474,195 | |||
| 2011 | 386,020 | 322,098 | |||
| 2012 | 416,324 | 230,360 | |||
| 2013 | 434,015 | 178,691 | |||
| 2014 | 407,075 | 163,245 | |||
| 2015 | 333,341 | 129,122 | |||
| Source: U.S. Department of Homeland Security, "Table 39. Aliens Removed Or Returned: Fiscal Years 1892 To 2015" | |||||
Removal process
The deportation process begins with a notice to appear issued to a non-citizen by U.S. Immigration and Customs Enforcement (ICE). The notice informs the individual that he or she is ordered to appear before an immigration judge and provides details of the individual's alleged infraction and reason for the legal proceedings. The notice also states that the individual has a right to an attorney, although a public defender is not provided.[6]
At the first hearing, the immigration judge first verifies whether the information in the notice to appear is correct. If the individual believes that he or she has a defense that would relieve him or her of deportation, the nature of the defense is described to the judge and a date for an individual hearing is set. Possible defenses include the following:[7]
- Family relationship, either by blood or marriage, to a U.S. citizen
- Asylum
- Cancellation of removal, available for individuals who provide proof of all of the following:
- residency in the country for at least 10 years
- good moral character
- that removal would cause extreme hardship for immediate family residing in the country legally
- Proof that the criminal allegation is incorrect
If the individual does not have such a defense, he or she may negotiate a voluntary removal. Otherwise, an order for removal may be issued, after which the individual may not return to the country for 10 years, even with a legal visa. By contrast, under voluntary removal, the individual does not have an order for removal on his or her record and has the option of returning legally to the United States with no period of time in between (except for the time it takes to apply for legal paperwork).[7][8]
At the individual hearing, also known as a merits hearing, the individual's defense is presented and he or she may provide testimony on his or her own behalf. Witnesses may also be called to testify, and exhibits may be presented. The immigration judge then makes a decision, either that day or at a later date, on whether to order the individual's removal. If removal is ordered, the individual may appeal to the Board of Immigration Appeals (BIA). If the BIA upholds the removal order, the case may be further appealed to a U.S. Court of Appeals, and further to the United States Supreme Court.[7][9]
If the order for removal is upheld and finalized, ICE is required to deport the individual within three months. However, according to Nolo, a website that publishes articles on the legal system, ICE sometimes takes longer than three months to act on the order "due to limited resources and higher priorities." When it does act on the removal order, ICE issues the individual a letter with a location, time, and date for the individual to report for deportation.[10]
See also
Footnotes
- ↑ U.S. Citizenship and Immigration Services, "Deportation," accessed December 21, 2016
- ↑ U.S. Citizenship and Immigration Services, "DHS FY 2017 Budget in Brief," accessed November 20, 2016
- ↑ Lawyers.com, "What Happens During the Deportation Process?" accessed November 20, 2016
- ↑ U.S. Immigration and Customs Enforcement, "Law Enforcement Support Center," accessed November 20, 2016
- ↑ Congressional Research Service, "Alien Removals and Returns: Overview and Trends," February 3, 2015
- ↑ Lawyers.com, "Deportation and Removal Process in U.S. Immigration Court," accessed December 19, 2016
- ↑ 7.0 7.1 7.2 AllLaw, "Overview of The Removal (Deportation) Hearings Process," accessed December 19, 2016
- ↑ AllLaw, "Voluntary Departure vs. Deportation," accessed February 10, 2017
- ↑ FindLaw, "Deportation," accessed December 20, 2016
- ↑ Nolo, "When Is an Order of Removal Final?" December 20, 2016
