At Hope Immigration, we often hear from clients who are concerned about deportation—whether for themselves, a family member, or a loved one. With so much fear and misinformation out there, especially during election season, we want to clear the air about what deportation really is, what it entails, and the reality of mass deportations.
What is Deportation?
Deportation is the legal process by which the U.S. government removes someone from the country. The most common reasons for deportation include living in the U.S. without legal status (being undocumented), overstaying a visa, committing certain crimes, or violating the terms of legal immigration status.
For undocumented immigrants, deportation can be a constant fear. Many live with the uncertainty of being separated from their families, jobs, and communities. However, it’s not as quick of a process as many people think. Understanding the process can help reduce fear and make it easier to navigate the system.
Deportation and Undocumented Immigrants
Undocumented immigrants are individuals who enter the U.S. without lawful status or overstay their visas, making them vulnerable to deportation. Many immigrants who are in removal proceedings have been living in the U.S. for years, raising families, contributing to the economy, and even paying taxes, making deportation a deeply emotional and life-altering issue for millions.
Although the fear of deportation is prevalent, the process is not automatic or immediate. When someone is arrested or flagged for deportation, they are placed in “removal proceedings,” where their case is reviewed by an immigration judge. This legal process can take months or even years to resolve.Â
Now, let’s dive deeper into what happens if you’re undocumented and arrested, the reality behind mass deportation rhetoric, and what rights you have if you’re facing deportation.
What Happens if You’re Undocumented and Arrested?
If you are undocumented and arrested in the U.S., deportation doesn’t happen immediately. There are several legal steps and protections that undocumented individuals can take advantage of, which can significantly extend the process. Here’s a breakdown of what typically happens:
- Arrest and ICE Detainer: If you are arrested, local law enforcement may notify Immigration and Customs Enforcement (ICE). ICE may then issue a detainer asking the police to hold you beyond your normal release date so that ICE can take you into custody. However, an arrest does not automatically mean deportation, and many undocumented individuals continue to live in the U.S. even after being arrested.
- ICE Custody: Once the underlying criminal matter is resolved, ICE may take you into custody. Once in ICE custody, you may be placed in removal proceedings. You will be given a “Notice to Appear” for an appointment with the immigration court. At this stage, you have the right to challenge your deportation in court, where you remain in the U.S. while your case is reviewed. If you decide to fight your deportation, it could take months or even years for your case to be resolved.
- Options to Delay or Prevent Deportation: During your court proceedings, you may be eligible for relief, such as asylum, cancellation of removal, or adjustment of status based on family relationships. If you qualify for any of these forms of relief, your deportation can be delayed or even halted, allowing you to remain in the U.S.
It’s important to note that deportation is not a quick process unless someone opts for “self-deportation,” in which they voluntarily agree to leave the country. This happens when, in ICE custody, an officer asks you if you want to give up and sign an I-205. Fighting deportation through legal channels can extend your time in the U.S., and in some cases, individuals remain for years while their cases are processed.
Knowing Your Rights in Deportation Proceedings
If you or someone you know is facing deportation, it’s critical to know your rights. Here’s what you need to know:
- You Have the Right to Remain Silent: You have the right to remain silent and not answer questions from ICE or law enforcement.
- Don’t Sign Anything Without Legal Counsel: Never sign documents given to you by ICE without speaking with an attorney first. Signing can waive your right to a hearing or fast-track your deportation.
- You Have the Right to a Hearing: Even if ICE detains you, you have the right to a hearing before an immigration judge to challenge your deportation. You have the right to fight your deportation in court.
- Get Legal Representation: While the government is not required to provide you with a lawyer, you have the right to hire one. An immigration attorney can help you navigate the complex legal system, fight your case, and protect your rights.
- Do Not Self-Deport Unless You Are Sure: If you wish to stay in the U.S. and fight your case, do not agree to self-deport. This is a voluntary agreement to leave the country without using your right to a court hearing. Once you are outside the U.S., it becomes significantly more difficult for you to return lawfully.
Mass Deportation: What Would It Really Look Like?
The idea of mass deportation is a common talking point, especially in political campaigns. However, the idea of swiftly deporting millions of people is far from realistic. It would take an enormous amount of time and resources to deport millions of people. According to the American Immigration Council, even deporting just 20% of the undocumented population would take over a decade and cost U.S. taxpayers between $103 billion and $230 billion. This price tag includes the cost of arresting, detaining, processing, and physically removing people from the country, in addition to the ongoing costs of immigration enforcement and detention centers.
Not only is it incredibly expensive and time-consuming, but deporting millions of undocumented immigrants would have a devastating social and economic impact. Many undocumented individuals live in mixed-status families, where one or more family members are U.S. citizens. The American Immigration Council estimates that nearly 6 million U.S. citizen children live with at least one undocumented parent. Mass deportation would mean the widespread separation of families, leaving many U.S. citizen children without their parents. This type of forced family separation could lead to severe emotional and financial hardship for both the children and the broader community, impacting education, mental health, and the stability of neighborhoods.
The Lack of Pathways to Legal Status
Contrary to popular belief, there is no straightforward path to legal status for the vast majority of undocumented immigrants. Many ask, “Why don’t they just get in line?” But the reality is that for most, there is no line. Current U.S. immigration law provides few options for undocumented individuals to adjust their status, especially if they entered the country without inspection or have been living here without lawful status for an extended period. Many have been living in the U.S. for years, working hard, paying taxes, and contributing to their communities, but have no way to adjust their status.
Programs like Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) provide temporary relief, but they are not permanent solutions. Existing immigration laws offer very few options for undocumented individuals to regularize their status. Even family-based or employment-based immigration often faces massive backlogs that can stretch into decades.
Conclusion
Deportation is a complicated and emotional issue, but it’s important to separate facts from fear. The process of deportation is not as quick or straightforward as some might believe, and mass deportations would be an expensive, drawn-out endeavor. While it’s easy to be influenced by political rhetoric, the reality of deportation and mass deportations is far more complicated than it appears in soundbites. What is important to remember is that if you or a loved one are facing deportation, it’s essential to know your rights and fight for the chance to stay. Remember, deportation is not inevitable, and fighting for your case can make a significant difference.
Sources
- https://www.americanimmigrationcouncil.org/research/mass-deportation#:~:text=Even%20assuming%20that%2020%20percent,of%20more%20than%20a%20decade.
- https://www.americanimmigrationcouncil.org/research/us-citizen-children-impacted-immigration-enforcement
- https://www.americanimmigrationcouncil.org/research/the-cost-of-immigration-enforcement-and-border-security
- https://www.aclu.org/know-your-rights/immigrants-rights#:~:text=You%20have%20the%20right%20to%20a%20hearing%20to%20challenge%20a,to%20provide%20one%20for%20you.
- https://immigrantjustice.org/know-your-rights/know-your-rights-if-you-encounter-ice
- https://www.communitypsychology.com/effects-of-deportation-on-families-communities/
- https://www.americanimmigrationcouncil.org/research/why-don%E2%80%99t-they-just-get-line
- https://www.fwd.us/news/pathway-to-citizenship/
- https://www.npr.org/2024/08/14/nx-s1-5037992/trump-immigrants-border-mass-deportation-presidential-race-migrants