Definition
Deportation, formally called removal, is the federal process by which the U.S. government orders a non-citizen to leave the United States after finding them removable under immigration law. It is decided through immigration court proceedings before an immigration judge and is governed entirely by federal law, with no state-by-state variation. Both undocumented individuals and, in certain circumstances, lawful permanent residents can be placed in removal proceedings, but they also have rights, including the right to a hearing and to apply for any relief for which they qualify.
Legal Meaning
"Deportation" is the everyday word for what immigration law now calls "removal." Because immigration is exclusively a federal matter, removal is handled by federal agencies and adjudicated under a single national framework. The Department of Homeland Security typically initiates proceedings, and a non-citizen, called the "respondent," appears before an immigration judge within the Executive Office for Immigration Review, part of the Department of Justice. A government attorney represents the agency seeking removal.
A person can be placed in removal proceedings for many reasons. Some are "inadmissible" at entry—for example, attempting to enter without proper documents. Others are "deportable" after being admitted, such as those who overstay or violate the terms of a visa, who commit certain crimes, or who engaged in fraud to obtain an immigration benefit. Importantly, removability is not limited to undocumented people; even a lawful permanent resident can become removable, most commonly after certain criminal convictions, which is why immigration consequences matter in criminal cases.
Removal proceedings are civil rather than criminal, which has important consequences. The respondent has the right to be represented by counsel, but the government does not provide a free lawyer the way it must in criminal cases. The respondent also has the right to present evidence, examine the government's evidence, and apply for relief. The constitutional guarantee of due process applies, ensuring a fair hearing, though the specific procedures differ from those in criminal court.
Key Points
- Deportation is legally known as removal and is governed entirely by federal immigration law
- Removal is decided by an immigration judge in immigration court, not by state courts
- Both undocumented individuals and, in some cases, lawful permanent residents can be removed
- Common grounds include unlawful entry or presence, visa violations, certain crimes, and fraud
- Proceedings are civil, so the government does not provide a free attorney to the respondent
- Respondents have the right to a hearing, to present evidence, and to apply for relief
- Relief options can include asylum, cancellation of removal, adjustment of status, waivers, and voluntary departure
- Removal orders can usually be appealed, but strict deadlines apply
Real-World Example
Priya entered the United States on a student visa but stopped attending school, falling out of valid status. Months later she is detained and served with a charging document placing her in removal proceedings for having violated the terms of her visa.
At her hearings, Priya appears before an immigration judge while a government attorney argues that she is removable. Priya, with the help of an immigration lawyer she hired, concedes that she lost status but applies for relief—she has since married a U.S. citizen and may be eligible to adjust her status to permanent resident. The judge weighs her eligibility for that relief. If the judge denies relief and orders her removed, Priya can generally appeal to the Board of Immigration Appeals within the strict deadline, rather than being removed immediately.
Common Forms of Relief from Removal
| Form of Relief | General Idea | Notes |
|---|---|---|
| Asylum | Protection for those fearing persecution on a protected ground | See our term on asylum; one-year deadline generally applies |
| Withholding of Removal | Bars return to a country where harm is more likely than not | Higher standard than asylum, fewer benefits |
| Convention Against Torture | Protection from return where torture is likely | Available even when other relief is barred |
| Cancellation of Removal | Relief for certain long-term residents meeting strict criteria | Different rules for permanent residents and others |
| Adjustment of Status | Becoming a permanent resident, often through family | Requires an available basis and admissibility |
| Voluntary Departure | Leaving by a deadline instead of a removal order | Can avoid some consequences of a formal removal order |
How Removal Proceedings Work
Removal proceedings typically begin when the government issues a charging document, often called a Notice to Appear, listing the alleged grounds of removability. The respondent attends a series of hearings before an immigration judge. Early "master calendar" hearings address scheduling, the charges, and what relief the respondent intends to seek. Later "individual" or "merits" hearings are where the judge hears testimony and evidence and decides the case.
At the merits stage, the government must establish removability, and the respondent bears the burden of proving eligibility for any relief they request. The respondent may apply for one or more of the forms of relief listed above, present documents and witnesses, and challenge the government's evidence. If the judge orders removal, the respondent can generally appeal to the Board of Immigration Appeals, and in some cases seek further review in the federal courts. Because the path so often runs through humanitarian protection, see our related terms on asylum and, for the rights of those who become citizens, naturalization.
Related Terms
Facing Removal Proceedings?
An immigration attorney can assess your options for relief, represent you in court, and protect your appeal deadlines
Explore Immigration HelpWhen You Need a Lawyer
Removal proceedings are high-stakes and legally complex, and the government does not provide a free attorney. You should seek qualified immigration counsel as soon as possible if:
- You or a family member have received a Notice to Appear or been detained by immigration authorities
- You believe you may be eligible for asylum, cancellation of removal, adjustment of status, or another form of relief
- You are a non-citizen facing criminal charges, because the outcome can trigger removability
- You missed a hearing and a removal order may have been entered in your absence
- You received a removal order and want to appeal within the deadline
Many nonprofit and pro bono programs assist people in removal proceedings, and connecting with a qualified representative early can preserve options that are easily lost to missed deadlines.
Frequently Asked Questions
What is deportation?
Deportation, formally called removal, is the federal process by which the U.S. government orders a non-citizen to leave the country after determining that they are removable under immigration law. It is decided through immigration court proceedings before an immigration judge and is governed entirely by federal law. Even lawful permanent residents can be subject to removal in certain circumstances, such as after some criminal convictions.
What are common grounds for deportation?
Common grounds include entering or remaining in the country without authorization, violating the terms of a visa or status, certain criminal convictions, immigration fraud or misrepresentation, and being inadmissible at the time of entry. The specific grounds are set out in federal immigration law, and whether a particular situation triggers removability often depends on detailed legal analysis.
Do I have the right to a lawyer in immigration court?
You have the right to be represented in immigration court, but unlike in criminal cases, the government does not provide a free attorney. Removal proceedings are civil, so respondents must hire their own lawyer or seek help from a nonprofit or pro bono program. Because the law is complex and the stakes are high, having qualified representation can make a significant difference in the outcome.
What relief is available to avoid deportation?
Depending on the facts, possible forms of relief include asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal for certain long-term residents, adjustment of status, certain waivers, and voluntary departure. Each form of relief has its own strict eligibility requirements, and an immigration attorney can help identify which, if any, may apply to a person's case.
Can a deportation order be appealed?
Yes. A person who receives a removal order from an immigration judge can generally appeal to the Board of Immigration Appeals, and in some cases seek further review in the federal courts of appeals. Strict deadlines apply to filing an appeal, and missing them can make the removal order final, so it is important to act quickly and with legal guidance.
Finding Immigration Help
Because removal is so consequential, securing qualified representation quickly is critical. For help locating an immigration attorney, see our resources: