Deportation—also known as "removal"—is one of the most powerful tools in the U.S. government's immigration enforcement system. But contrary to popular belief, it's not always swift or straightforward. It's a multi-step legal process that can take months, even years, and not everyone facing deportation has committed a crime.

So who can be deported? And what does the process actually look like?

Let's break it down.

Who Can Be Deported?

Anyone who is not a U.S. citizen can potentially be subject to deportation. This includes:

• Undocumented immigrants, including those who entered the U.S. without inspection or overstayed a visa.

• Green card holders (lawful permanent residents) who violate certain terms of their residency, such as committing serious crimes.

• People on temporary visas (e.g., student, tourist, or work visas) who violate the terms of their stay.

• People whose protections expire, such as those under programs like Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), or humanitarian parole.

Importantly, you do not have to be convicted of a crime to be deported. Immigration is civil—not criminal—law, and people can be removed simply for lacking valid immigration status.

Step 1: Identification and Arrest

The first step is identifying someone as "removable." This can happen in various ways:

• Through routine encounters with local law enforcement.

• During workplace or home raids.

• When immigration authorities review visa overstays or denied applications.

• Through programs like the Criminal Alien Program or 287(g) agreements, where local police collaborate with federal immigration officers.

Once identified, an individual may be:

• Arrested by Immigration and Customs Enforcement (ICE).

• Issued a Notice to Appear (NTA) before an immigration judge.

• Detained in an immigration facility—or released under supervision with check-ins or ankle monitors.

Step 2: Immigration Court Proceedings

After arrest or issuance of an NTA, the person must appear in immigration court under the Executive Office for Immigration Review.

There, a judge determines whether:

• The person is removable under immigration law.

• The person qualifies for any form of relief, such as asylum, withholding of removal, or cancellation of removal.

Immigrants can fight their case, with or without an attorney. Unfortunately, legal representation is not provided by the government, and many face judges alone.

Time in the U.S. matters:

• Less than 1 year: May file for asylum.

• 10+ years: May request cancellation of removal based on extreme hardship to a U.S. citizen spouse or child.

• 1–10 years: May qualify for other relief, depending on the circumstances.

Step 3: Final Order of Removal

If the immigration judge finds that a person has no legal grounds to stay, they issue a final order of removal.

However, the fight isn't necessarily over:

• The individual can appeal to the Board of Immigration Appeals (BIA).

• Appeals may go as high as the U.S. Court of Appeals or even the Supreme Court, although this is rare.

Alternatively, a person can request voluntary departure, which avoids having a formal deportation on their record.

Step 4: Physical Removal

If appeals are exhausted or waived, ICE is responsible for physically removing the individual from the U.S. This usually involves:

• Arranging travel documents.

• Coordinating with the individual's home country.

• Escorting the individual to a flight out of the U.S.

However, some deportations are delayed or blocked because a person's home country refuses to accept them, or due to international legal protections (such as non-refoulement in asylum cases).

A System Under Pressure

As of late 2024:

• There are over 4 million pending immigration court cases.

• About 1.4 million people have final orders of removal.

• Over 1 million asylum applications remain backlogged.

The system is strained and slow-moving, and outcomes can depend heavily on individual circumstances, legal strategy, and the evolving political climate.

Conclusion

Deportation is more than just being "sent back." It's a legal process with multiple stages and opportunities for relief—but also many pitfalls. Whether you're a visa holder, green card holder, or undocumented individual, it's essential to understand your rights and options in the face of removal.

Immigration law is constantly evolving. If you or someone you know is at risk of deportation, consulting a qualified immigration attorney can make all the difference.