The process of deportation can vary greatly depending on the specifics of each individual case. However, there are some general timelines and steps that most deportation cases follow. Once the deportation process is initiated, some key factors that can impact the length of time it takes to actually be deported include:
- Immigration status
- Criminal history
- Country of origin
- Legal representation and appeals process
Some immigrants may be detained immediately while others may remain free for some or all of the process prior to deportation. The timeline ranges from weeks to years depending on circumstances. On average, the deportation process for those in detention may take approximately one month to carry out. For those not detained, the process often takes a year or more.
Starting Deportation Proceedings
The first step of the deportation process is starting removal proceedings against an immigrant. There are two main ways this happens:
Notice to Appear
A Notice to Appear is a charging document issued by the Department of Homeland Security (DHS) that initiates removal proceedings. It informs the immigrant that DHS intends to deport them. Some key things to know about a Notice to Appear:
- States the immigration laws the person allegedly violated
- Charges the person as being removable from the U.S.
- Provides information on the removal hearing
Once an immigrant is issued a Notice to Appear, the timeline for deportation begins. However, many months often pass between getting served with a Notice to Appear and the actual court hearings. This is due to massive backlogs in the immigration court system. Currently, the average wait time for a hearing is over 700 days.
Visa Revocation
The U.S. government can also revoke visas as a first step to deportation. Some examples include:
- Student visas revoked for violations of visa terms
- Tourist visas revoked if activities in the U.S. don’t match the stated purpose
- Immigrant visas revoked for crimes or misrepresentation
Once a visa is revoked, DHS will issue a Notice to Appear and commence removal proceedings.
Detention or Release
After starting deportation proceedings, the next major factor impacting timelines is whether the immigrant is detained or released.
Detention
Some immigrants are held in immigration detention facilities after begin issued a Notice to Appear. Reasons DHS may detain someone include:
- Entered the U.S. without inspection
- Overstayed or violated the terms of a visa
- Certain criminal convictions
- Considered a flight risk
Immigrants who are detained move through the deportation process much faster, generally within weeks or months. However, conditions in immigration detention facilities are often criticized as inhumane.
Release
Many immigrants are released while their immigration case proceeds. They are released either on their own recognizance or an immigration bond. Immigrants who are released generally take much longer to go through the deportation process, often 1-3 years.
Factors that allow immigrants to be released include:
- No criminal record
- Significant community ties in the U.S.
- Health reasons
- Primary caretaker of children or family
Immigration Court Hearings
Once Notice to Appear has been issued, the case is transferred to an immigration court. The immigrant is allowed to have a lawyer. Immigration court oversees all removal proceedings to determine if the immigrant should be ordered removed.
There are generally two hearings in immigration court:
Master Calendar Hearing
This is an initial hearing before a judge. The immigrant is formally charged with removability. They can accept or deny the charges. The immigrant also states what defense they will mount against removal.
Individual Removal Hearing
This is a trial where both the immigrant and DHS argue the case before the judge. Evidence and testimony are presented. The judge will then rule on removability. If ordered removed, the immigrant can appeal.
The timeline for these court hearings varies widely. Currently, it takes an average of over 700 days just to have a Master Calendar hearing scheduled due to massive immigration court backlogs. Cases for detained immigrants move faster than non-detained cases.
Orders of Removal and Deportation
If the immigration judge orders an immigrant removable from the U.S., the removal order constitutes the final agency decision by the Executive Office for Immigration Review (EOIR). However, this does not mean the deportation process is over.
Immigrants have 30 days to appeal a removal order with the Board of Immigration Appeals (BIA). If the BIA upholds the order, the immigrant may file motions to reconsider or reopen the case. These motions can significantly delay the deportation timeline.
Once all appeals are exhausted, DHS will proceed with the physical deportation. However, an immigrant can still file an emergency stay of removal while other legal challenges are pending. This can stall deportation for months or longer. DHS may also have difficulty obtaining necessary travel documents from an immigrant’s home country.
For immigrants detained during proceedings, the average wait time from a final order of removal to the actual deportation is about one month. For non-detained immigrants, the wait time often extends to a year or more after exhausting all legal options.
Voluntary Departure
In some cases, immigrants who do not have valid legal grounds to remain in the U.S. may be offered the chance to voluntarily depart rather than be formally deported. This can expedite the departure timeline.
Voluntary departure allows immigrants leave the U.S. on their own within a window of time, typically 60-120 days. They avoid lengthy detention and the negative marks on their immigration record that come with formal deportation. However, immigrants who fail to leave within the voluntary departure window can face bars to re-entering the U.S. for 10 years.
The immigration judge will specify the length of the voluntary departure period. Immigrants must provide proof of having the means to depart the U.S. DHS can also offer voluntary departure to immigrants not in removal proceedings as well.
Expedited Removal
In some circumstances, immigrants may be subject to expedited removal from the U.S. This is a fast-track deportation process with fewer rights. Expedited removal can be carried out without any court proceedings.
Some examples of who can be quickly deported via expedited removal include:
- Arriving at the border without proper documents
- Entering illegally and caught within 100 miles of the border within 2 weeks
- Considered a threat to public safety or national security
Those in expedited removal are often deported within a matter of days or weeks. However, if the immigrant expresses fear of persecution in their home country, they are referred for an asylum interview. This pauses the expedited removal process until their asylum claim is adjudicated.
Reinstatement of Removal
Immigrants who were previously ordered removed from the U.S. then illegally re-entered can face reinstatement of their prior removal order. This allows DHS to deport the person without going through formal court proceedings again.
To reinstate a prior order of removal, DHS must prove:
- The person is the same one previously ordered removed
- They were subject to a valid deportation order
- They illegally re-entered the U.S. after being removed
Once DHS determines these elements have been met, they can execute the old removal order. The person has limited due process rights. Very short order to physically remove the person, often within days to a few weeks.
Withholding of Removal
While going through deportation proceedings, immigrants have the right to apply for relief such as asylum or withholding of removal. If granted, this provides protection from deportation. However, the timeline for adjudicating these applications can significantly lengthen the deportation process.
Withholding of removal is for immigrants who face likely persecution or torture if returned to their home country. If granted by an immigration judge or asylum officer, it prevents DHS from executing a removal order. However, it does not lead to lawful immigration status.
On average, applying for withholding of removal adds about 18 months to deportation timelines. However, subsequent appeals and legal challenges can lengthen the process much further.
Factors That Delay Deportation
While some immigrants go through rapid deportation, often within weeks, most face a much lengthier timeline spanning months or years. Some key factors that delay deportation include:
Legal Errors in Removal Order
If DHS makes any procedural errors as part of the charging documents or deportation proceedings, an immigrant can appeal based on these defects. This frequently occurs due to DHS backlogs and can add months or years to the timeline.
Immigration Court Backlogs
Massive backlogs in U.S. immigration courts cause lengthy delays at multiple stages of the deportation process. Currently, the average wait time just for an initial Master Calendar hearing is over 700 days. Continuances and rescheduling add further delays.
Appeals and Motions
Immigrants have many opportunities to appeal deportation orders and rulings during the court process. Appeals must be decided before DHS can execute removal. Options include BIA appeals, motions to reopen and reconsider, and federal court petitions. These steps can delay deportation for additional months or years.
Stays of Removal
While going through other legal proceedings and challenges, immigrants may file emergency petitions to temporarily stay their deportation. If granted, DHS is barred from removing the person until the other matter is resolved. Stays of removal are frequently requested for months or longer.
Difficulty Obtaining Travel Documents
After exhausting appeals, DHS must obtain a travel document from an immigrant’s home country before deportation. Many countries are reluctant or slow to provide these. Until travel documents are granted, immigrants remain in indefinite detention.
Conclusion
In summary, there is no single timeline that applies to all deportations. Some immigrants detained at the border may be removed within days via expedited deportation. Others who illegally re-entered may face reinstatement of a prior order in weeks.
However, for most immigrants who go through formal removal proceedings, the timeline takes much longer due to court backlogs and available appeals. On average, the deportation process takes:
- 1 month for detained cases
- 1-3 years for non-detained cases
Immigration law provides many options to delay deportation timelines. Factors like appeals, court backlogs, stays or removal, and obtaining travel documents can lengthen the process to many months or years. The timeline depends greatly on the specifics of each individual immigration case. An experienced immigration attorney can help maximize possibilities for staying legally in the U.S. or at least delaying deportation as long as possible.