How To Get Someone Deported Fast

The process of deportation

June 25, 2018

John Moore, Getty Images

People accused of illegally entering the United States begin a long legal process of lengthy hearings which may end in rapid deportations or eventual release. The process usually starts with an arrest.

Arrest

Individuals suspected of entering the U.S. illegally can be arrested by local or federal law enforcement before being transferred to U.S. Immigration and Customs Enforcement custody.

Local police

Local police officers who arrest undocumented immigrants for violations ranging from serious crimes to routine traffic citations can share arrest information with ICE, part of the Department of Homeland Security. ICE can request an individual be held up to 48 hours and be transferred into its custody, but local law enforcement is not required to honor those requests. After that, the individual must be released, but ICE can still arrest the individual in the future.

U.S. Border Patrol

Border Patrol agents and officers make arrests at borders and airports. Those arrested are turned over to ICE.

ICE

ICE agents can make arrests at homes, businesses and other places. Recent reports have found officers making arrests at courthouses and near schools. After arrest, ICE decides whether to take custody of individuals and pursue removal proceedings.

Expedited removal

Individuals found to have entered the U.S. illegally or those who have overstayed their visas may be deported through the expedited removal process.

Expedited removal orders can't be appealed to a judge, but individuals can claim the orders were improperly issued and ask the government to review and dismiss them.

Currently, expedited removals can only take place if individuals are arrested within 100 miles of U.S. borders and if they've been inside the U.S. two weeks or less.

The Trump administration is considering expanding expedited removal nationwide. Under its proposal, individuals would be subject to expedited removal if they are caught anywhere within the U.S., and if they have been within the U.S. less than two years.

Notice to appear

If an individual does not go through the expedited removal process, they begin the traditional immigration court process.

ICE gives a Notice to Appear to individuals in removal proceedings. It lists the reasons why the government believes the individual is an undocumented immigrant and should be removed. It can be served by an immigration officer or delivered through the mail. Individuals are given at least 10 days' notice before appearing in court.

Detainment

Arrested individuals can be detained if ICE decides to pursue removal. The agency assesses the security and safety risk of individuals to decide whether bond should be granted or if they may be released on their own recognizance. Individuals are detained in immigration detention centers or other contracted prisons.

Voluntary Departure

Some individuals can volunteer to leave the U.S. on their own terms, an act that, under strict guidelines, may permit them to later return to the U.S. if they have the legal means.

Voluntary departures are heard in two stages and must be requested early in the deportation process. Eligibility criteria are strict. Generally, individuals must meet these criteria:

Produce a valid travel document
Have money to leave the country on their own expenses
Post a minimum $500 bond within five days of a judge's order (if requested at the close of the removal hearing)
Have not been granted voluntary departure previously
Have been a person of good moral character for at least five years before seeking voluntary departure

If voluntary departure is granted, individuals are given a date at which they are required to leave the country. The date is typically with two or four months, depending on what stage of the process it was requested.

Bond hearing

Individuals appear before a Department of Justice immigration judge for a bond hearing. The judge sets the dollar amount of the bond. As in bail, the individual agrees to return for all hearings or forfeit the bond.

The judge decides whether to grant bond based on criteria such as an individual's local family ties, ability to post the bond, time in the U.S., criminal record and how they entered the country.

If bond is granted and can be paid, the individual is released. If bond is denied or set too high to be posted, the individual has a right to appeal to the Board of Immigration Appeals.

ICE is represented by a government lawyer. ICE will either agree the individual is eligible for bond or argue the individual is a flight risk or a danger to the community. ICE can also seek a higher bond amount or that no bond be set at all.

Individuals have a right to counsel, but since these are civil proceedings, individuals do not have the right to an attorney provided at government expense. Many individuals represent themselves.

Individuals not granted bond remain incarcerated until their deportation hearings are complete or they get a new bond amount.

MASTER CALENDAR HEARING

These short hearings determine how the case should proceed. They're conducted by a federal immigration judge, with an ICE attorney present.

Charges are listed and individuals admit or deny each one. Individuals can also request that the initial hearing be continued. Legal claims are not further addressed. The judge decides when the next hearing will be held and what defense against deportation will be considered.

Individuals are permitted to stay within the U.S. if they present a valid defense, known as relief, against government charges. Legal requirements for relief are strict and can be difficult to meet. Defenses include, but are not limited to:

Asylum, where the individual claims persecution or fear of persecution if returned to country of origin
Cancellation of removal, where the individual claims a long history in the U.S., with or without authorization, or as a legal permanent resident
Marriage to U.S. citizen or another relative-based petition

MERITS HEARING

In this hearing before an immigration judge, individuals present arguments for staying in the country. Merits hearings can take hours or days. The government is represented by an ICE attorney. Individuals may have their own lawyer.

At the hearing's end, the immigration judge decides whether the individual can remain in the U.S. If relief is denied, individuals can appeal to the Board of Immigration Appeals within 30 days. ICE can also appeal.

Order of removal

If a person is not detained, an immigration judge may either make decisions on the day of the merits hearing or send the decision by mail. If the decision is sent by mail, the individual can stay with his or her family until the written decision is received. Decisions can be appealed.

Appeals

Individuals can request a delay of deportation during a removal order's appeal. Board of Immigration decisions may be appealed to the federal circuit courts of appeals and, in some cases, to the Supreme Court.

These appeals can take months and individuals can remain incarcerated during the appeal process, even those eligible for bond. The only Immigrations Appeals Board in the nation is in Falls Church, Va.

Deportation

Individuals from Mexico are usually flown to U.S. border cities and either walk or are bused across the border. Those from Central American countries are flown direct. ICE Air Operations (IAO) handles air transport.

Because federal law requires that people are deported directly back to their home countries, IAO runs regular deportation flights to Central America and occasional flights to other countries.

Source: USA TODAY research