deportation

Deportation is the formal removal of a person, typically a foreign national, from a country’s territory under that country’s laws. The rights of foreign nationals and the procedures for removal vary significantly by jurisdiction.

In the United States, deportation may also be referred to as removal. Non-citizens, legally referred to as aliens, may be subject to removal for various reasons, including:

unlawful presence in the United States
violation of immigration laws, such as unauthorized entry
breach of visa conditions
visa revocation by the Secretary of State
conviction of certain criminal offenses
inadmissibility at the time of entry

The grounds for removal differ from the grounds for denial of entry, though there is considerable overlap. Only the federal government has authority to remove an alien. Removal may proceed through one of three mechanisms: regular removal proceedings, expedited removal, or reinstatement of removal.

Removal Proceedings

Removal generally begins when Immigration and Customs Enforcement (ICE) or U.S. Citizenship and Immigration Services (USCIS) issues a Notice to Appear (NTA). The NTA directs the alien to appear before an immigration judge, an official within the Executive Office for Immigration Review (EOIR), part of the Department of Justice. Pending the hearing, the alien may be detained, released on bond, subject to house arrest, or paroled. The alien has the right to legal representation but not at the government’s expense.

After a hearing, the immigration judge issues a decision. Both ICE and the alien may appeal to the Board of Immigration Appeals (BIA), a component of the Department of Justice. The Attorney General may also intervene in certain cases. If a removal order is issued, the alien may file a petition for review in a U.S. Court of Appeals, though this does not stay removal unless separately ordered. ICE carries out the removal order.

Immigration judges may grant certain forms of statutory relief, such as asylum, withholding of removal, or cancellation of removal. However, if no relief is available under law, the judge cannot allow the alien to remain. ICE may nonetheless choose to defer or delay removal at its discretion.

Expedited Removal

Under expedited removal, ICE or U.S. Customs and Border Protection (CBP) may remove certain aliens without a hearing if they:

are attempting to enter the United States (e.g., at an airport or intercepted at sea), or
entered or attempted to enter unlawfully within the past two years without inspection.

Aliens subject to expedited removal are not entitled to appeal, petition for a writ of habeas corpus, or to seek any other form of judicial review unless they claim:

U.S. citizenship
lawful permanent resident status
prior recognition as a refugee or asylee
a credible fear of persecution or torture
that they are minors
Absent such claims, removal may be executed without further proceedings.

Reinstatement of Removal

If an alien who was previously removed reenters the United States illegally, ICE or CBP may reinstate the prior removal order. No additional hearing is required, and the alien is ineligible for most forms of relief. However, if the alien expresses a fear of persecution or torture, they may seek withholding of removal under the Convention Against Torture or related statutes. Unlike asylum, withholding of removal only bars return to the specific country of feared harm; the alien may still be removed to another country.

[Last reviewed in July of 2025 by the Wex Definitions Team]

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