Most deportations from the U.S. happen in one of the following three ways.
Formal removal proceedings (immigration court)
In FY 2024, about 325,000 persons received removal orders by an immigration court.
Persons who are brought into this process typically entered the U.S. illegally and have been in the U.S. for over two year, overstayed their visa, are subject to removal due to a criminal conviction, or are denied asylum. Typically the person has resided in the U.S. for years.
DHA services the person a Notice to Appear before an immigration court, listing immigration law violations. An immigration judge within the Department of Justice’s Executive Office for Immigration hears the case. The person can contest removability and can bring a lawyer. Between the date of issuance of the Notice to Appear and a decision by the court can be over a year.
Around 35–45% of these cases brought to a court result in no removal order. The most common reasons for non-removal are asylum status or a related protection; the judge is persuaded by long residence or other personal factors; a family petitions; or DHS decides in the end not to deport. A person can appeal a court ordered deportation to the Board of Immigration Appeals. A review and decision by this court can take over a year.
A person given a court removal ordered is barred from legally entering the U.S. for ten years.
Expedited removal
In FY 2024, roughly 300,000 persons were removed by expedited removal.
DHS deports a person without going to an immigration court generally if the person illegally entered the U.S. (entered “without inspection”) and has been in the U.S. for less than two years. The two-year threshold is firm, written into law. A person detained for expedited removal as a right to a “credible fear” hearing by a U.S. Citizenship and Immigration Services asylum officer. Removal can take days or weeks. A person subjected to expedited removal may not legally enter the U.S. for five years. As visa overstays legally entered the country, they are not subject to expedited removal.
Legal entry, overstay and self-deportation
There are no government estimates of persons who self-deport. However, let’s look at persons who enter legally for an expressly limited time, overstay, and then leave on their own volution without a DHS encounter.
If a person subject to a visa overstays their visa by under six months, there is no formal bar to gain another visa to enter. But an overstay of over six months imposes a bar of at least three years. If the overstay is for, say two years, the bar raised to ten years.
If a person entered without being legally required to have visa, and beyond the maximum stay of 90 days, say for under 180 days, they are not barred from re-entry. But if they stay for more than 180 days beyond the 90 days they are barred for three years.