Deportation is the process of returning someone who does not have legal status in the United States to their country of origin. Deportation is a criminal procedure overseen by the Department of Homeland Security’s law enforcement division, Immigration and Customs Enforcement (ICE). The process typically begins when an individual violates specific laws or commits certain crimes, such as aggravated felonies. The government can also begin removal proceedings against an individual when they have a history of deportation or failed to tell the authorities about their change of address. Deportation is a serious matter, and it can have devastating consequences for families and communities.
An immigration judge oversees the deportation or removal proceedings. A respondent can request a stay of removal or a termination of the proceedings to give them time to apply for a waiver or other form of relief before an immigration judge. During the hearing, the judge verifies the facts of the case and the person’s eligibility for relief. If the judge decides that deportation should proceed, he or she issues an order of removal and the respondent is returned to their country of origin.
Mass deportation would hurt key industries in the United States and reduce household incomes for millions of Americans. For example, the construction industry would lose 30 percent of its workers; agriculture would lose 28 percent of graders and sorters; and hospitality would see its workforce shrink by a fifth.
The cost of deportations could add up to hundreds of billions of dollars for federal, state, and local governments. And every American taxpayer would bear the burden of these costs, including the reduction in taxes paid by deportation-vulnerable households and the loss of consumer spending by a depleted workforce.
Many of the people ICE is deporting have been here for decades and contributed to our economy, paying their fair share of taxes. They have children who are U.S. citizens and they have spouses, parents, and siblings who are legal residents. They have jobs in the food, transportation, and retail industries and they are homeowners. And they contribute to their community through volunteerism and charity work.
The current administration’s plan calls for significantly expanding the use of a fast-track deportation process called expedited removal. This process denies undocumented people the usual hearings and opportunity to appeal that they have a right to under our law. It is particularly used against people who entered the United States without documentation, those who misrepresented material facts when they applied to enter the country, and those apprehended near the border, and it has resulted in a backlog of cases.
If a person is removed from the United States, they are usually sent home by air at U.S. government expense. They may be allowed to return with their families, or they might be sent alone. Some countries are “recalcitrant” and do not allow the United States to carry out these flights, or they have limited capacity and only a few flights per year.