Deportation is the expulsion of a noncitizen from a country, typically because they entered or resided there illegally. In the United States, immigration officials have broad powers to deport people for a wide range of reasons. These include being found guilty of a criminal offense, engaging in activities that threaten public safety or moral turpitude, or entering the country without a valid visa or passport.
Immigration authorities can also remove a person voluntarily by asking them to leave, a process known as voluntary departure. This allows them to avoid having a removal order on their record, but it’s usually only the best option for someone who has no defense to the charge or conviction that led to their deportation.
A deportation can happen if an immigration officer or other agency decides that the person should be removed, or a judge orders it after a hearing. During this process, noncitizens have the opportunity to defend themselves by presenting evidence about their case. Immigration courts (or the Executive Office for Immigration Review, or EOIR) are where most deportations are decided. In some cases, noncitizens are subject to “expedited” removals, which are handled by an immigration official and do not involve a hearing.
When a person is removed, they’re expected to remain outside the United States for a certain amount of time (usually five years), after which they can apply to return. But this depends on a lot of factors, including whether or not the person can prove they should be allowed back in and how long they’ve been gone for.
If a person is allowed to return, they’ll need to have a sponsor. This can be a family member, employer, or community group. They’ll also need to demonstrate that they have the necessary skills and work experience. Often, this means attending job training programs or finding education and work opportunities through nonprofit organizations.
Any attempt to deport mass numbers of undocumented people would have massive logistical challenges and cost the government a great deal of money. In addition to the expense of building new detention facilities and expanding capacity at existing ones, it would require a huge increase in the number of flights to send the deportees home.
In addition, deporting millions of undocumented residents would have a profoundly negative effect on American families and communities. One recent study found that household incomes in mixed-status households where a US citizen and an undocumented immigrant live together decline by nearly half after a parent is deported. In a worst-case scenario, the loss of this income could lead to the foreclosure of 1.2 million mortgages, resulting in an economic burden of $118 billion. This would strain the already fragile financial situation of American citizens, especially children of deported parents. For this reason, it’s important that any deportation plan consider the impact on mixed-status families and other vulnerable communities. If the plan goes ahead, it should also ensure that there are adequate legal services available to assist people facing deportation.