The government can order a deportation if it finds that an individual is not lawfully present in the United States. It can also find that an individual has violated a law or rule of the country from which they are trying to return, or that an individual has a criminal record that makes them a flight risk. If the judge decides to deport someone, he or she may send them back to their home country by air or by ground transportation, at US government expense.
The term deportation originally meant to banish someone for life from a particular place, like an island or another country. It was a punishment for seditious behavior, murder, adultery, theft, embezzlement, poisoning, and treason. It was often accompanied by confiscation of property and loss of civil rights. Deportation can still be carried out as a penalty for certain crimes, but it has become more commonly used to remove people who have been convicted of serious felonies or immigration violations.
A large majority of the individuals that ICE targets for removal have a history of criminal convictions or are considered high-risk because of their country of origin, prior deportations, or security concerns. This population has fewer paths to remaining in the United States, and so their average length of stay in detention is shorter than for other groups.
Many unauthorized immigrants have lived in their communities for years and have deep community ties. Severing those ties would be devastating to many families, including millions of children who are U.S. citizens and would see their parents uprooted from the homes they have known for decades. It could also destabilize entire neighborhoods and towns. And the cost of carrying out mass deportations — in taxpayer dollars spent and lost economic output — would fall on every American.
Before a judge can decide to deport someone, they must first be placed into removal proceedings. These are a series of court appearances that can, and sometimes do, result in an order to leave the United States. The proceedings are overseen by a federal immigration judge and can be extremely complicated, especially for those with family here who may be affected.
During the Master Calendar Hearing, the judge will advise you of your official charges and give you an opportunity to admit or deny each one. Individuals who have legal claims to remain in the United States can ask that the hearing be continued and file motions for relief during this phase.
Individuals who fail to attend their deportation hearings risk being removed from the United States without ever having a chance to defend themselves. They can be tracked down by law enforcement officers, who search their home, business, and social media profiles to try to locate them. If they are found, they will be sent to a deportation center where they will be closely monitored until they can be safely returned to their home countries.
To avoid being deported, individuals can prepare for the possibility by giving a trusted friend or family member financial power of attorney so they can take care of bills and property management. They can also make sure they have enough money to cover mortgage payments, homeowner’s association fees and property taxes if they are evicted from their homes.