Deportation and Removal: How the U.S. Immigration Court Process Works

226,000 People Were Removed From the U.S. in 2023—More Wait in Immigration Courts

U.S. Immigration and Customs Enforcement (ICE) removed 226,104 people from the United States in fiscal year 2023. Meanwhile, the immigration court backlog—cases pending before the Executive Office for Immigration Review (EOIR)—exceeded 3.6 million as of early 2024, with average wait times for a hearing stretching beyond four years in many jurisdictions. Removal is neither automatic nor instant. It is a legal process governed by the Immigration and Nationality Act, with defined rights and multiple avenues for relief.

Grounds for Removal

A person can be placed in removal proceedings for a wide range of reasons under INA Section 237:

• Inadmissibility at entry: Entered without inspection or misrepresented material facts to obtain admission
• Status violations: Overstayed a visa, violated terms of nonimmigrant status
• Criminal grounds: Conviction for aggravated felony, crime involving moral turpitude, drug offense, domestic violence, firearms offense
• National security: Terrorism-related activities, espionage
• Fraud: Marriage fraud, document fraud
• Failure to register or falsification of documents

The Removal Process Step by Step

Rights During Removal Proceedings

Unlike criminal defendants, people in immigration proceedings have no Sixth Amendment right to a government-appointed attorney. However, several rights apply:

• Right to hire and be represented by an attorney at personal expense
• Right to examine evidence presented against you
• Right to present evidence and witnesses
• Right to appeal to the Board of Immigration Appeals
• Right to an interpreter at hearings (provided by the court)

The practical consequence of no right to counsel: studies have found that represented immigrants are 5 times more likely to win their cases than unrepresented immigrants facing the same charges.

Forms of Relief From Removal

Being placed in removal proceedings does not mean removal is certain. Multiple forms of relief can halt or defer removal:

• Cancellation of Removal (LPR): Permanent residents with 5 years of LPR status and 7 years of continuous residence who haven't been convicted of aggravated felonies can apply
• Cancellation of Removal (non-LPR): Requires 10 years of continuous physical presence, good moral character, and a U.S. citizen or LPR spouse, parent, or child who would suffer exceptional and extremely unusual hardship
• Asylum: Available to those with a well-founded fear of persecution on protected grounds (see asylum article)
• Withholding of Removal: Available when removal would threaten life or freedom; doesn't lead to permanent status
• Convention Against Torture (CAT) relief: For those likely to be tortured by or with the acquiescence of a foreign government
• Voluntary Departure: Allows leaving voluntarily within a set period, preserving the ability to apply for reentry in the future

Expedited Removal

Certain individuals are subject to expedited removal without an immigration judge hearing: those apprehended within 14 days of entry within 100 miles of the border, or those with prior removal orders. Expedited removal can be challenged if the person expresses fear of persecution—they must be referred to an asylum officer for a credible fear interview before removal proceeds.

Disclaimer: Immigration law is complex and changes frequently. This article is for informational purposes only and does not constitute legal advice. Anyone facing removal proceedings should consult a licensed immigration attorney immediately.