Removal Proceedings

What are Removal Proceedings?

Removal proceedings, or deportation proceedings, are the process of legally evaluating a person’s right to remain in the United States. This process is initiated by Immigration and Customs Enforcement (ICE) and conducted before the Immigration Court.

In other words, deportation proceedings are the official judicial process by which a person’s immigration status and right to remain in the United States are legally evaluated.

Who is Subject to Removal Proceedings?

A person may be subject to this process for the following reasons:

-Overstaying a visa

-Illegally entering the country

-Violating immigration rules

-Committing a serious crime

How Does the Process Work?

The individual receives a court summons (Notice to Appear) and appears before an immigration judge. The government attorney requests that the individual be removed from the country, while the individual or their attorney argues for the right to remain in the country (e.g., through asylum, family reunification, or a green card application).

What is the Outcome?

The judge may allow the individual to remain in the country or order their deportation. A deported individual is typically barred from re-entering the United States for a certain period of time.