Here are the key steps from arrest to deportation from the United States. I focus here on non asylum-related cases There is no clear, comprehensive data on non-asylum cases. They include many people who have been previously deported and came into the United States again, persons who have been arrested for a felony or misdemeanor and determined by law enforcement to be here illegally, and those wanted internationally for crimes abroad.

Arrest and detainment by immigration authorities: Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) detain the individual after identifying them as being unlawfully present in the U.S.  They may be taken to a detention center or released on bond, parole, or other terms (e.g., ankle monitoring). The detention facility in Aurora Colorado currently holds about 1,200 such persons. All told, there are about 38,000 persons currently detained across the country. A quick profile of detainment around the country is here.

How many of these detainees have committed a crime of the sort we ordinarily call a crime such as theft, assault, fraud, rape, or murder? I have addressed this issue here. Simply stated, very few of detainees have either been convicted or accused of such a crime. There are state misdemeanors such as involve reckless driving. There are also federal misdemeanors and felonies which weigh in. Most likely the greatest share of these federal cases involve the misdemeanor of having entered the country illegally, Including having entered multiple times illegally. The incoming Trump administration has deliberately confused the issue by grouping essentially all unauthorized persons as having committed an illegal act.

Notice to Appear (NTA): The individual receives an NTA, a legal document that states they must appear before an immigration judge. The NTA includes details about why the government believes the person should be deported. This and further court proceedings are skipped when the person has been arrested for having been deported before, in which case the person goes immediately into deportation by ICE.

There are currently about 3.7 million cases before immigration courts. Of these roughly half are asylum cases, the other half not related to asylum.

Court Hearings: The individual appears before an immigration judge to plead their case (with or without legal representation). They may request voluntary departure, asylum, or other forms of relief. The individual can provide evidence, testimony, or witnesses in their defense. ICE may also present its case.

Final Decision: The judge decides whether to issue a deportation order or grant relief.  There are about 35,000 deportation orders issued monthly; That includes was denied amnesty as well as otherwise appearing before the court. Roughly half or more of deportation orders rise from an arrest for a felony or misdemeanor.

Appeals: If the judge orders deportation, the individual can appeal to the Board of Immigration Appeals (BIA). If denied, further appeals can be made to the federal courts.

Removal Order and Deportation: If all appeals fail or are waived, the deportation order becomes final. ICE coordinates the removal process. This may involve booking a commercial flight or using ICE’s chartered flights for transportation, plus coordinating with the receiving country to ensure they will accept the individual. The individual is escorted out of the U.S. In some cases, a reentry ban may apply for several years, making it illegal for the person to return to the U.S. during that time without special permission.

 

 

 

 

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