Deportation Proceedings: What to Know

Deportation is the common term for what the government calls removal. Removal proceedings are formal cases in which an immigration judge decides whether a person may remain in the United States. These cases are serious and can move quickly, so it helps to understand the basic structure before a hearing.

This article is general information. It does not predict how any case will end.

Where removal cases are heard

The Department of Justice's Executive Office for Immigration Review (EOIR) runs the immigration courts, and immigration judges hear removal cases there. These courts are part of the executive branch and are separate from the federal district courts. The notice you received should list the court location and the hearing details, so read it carefully.

What a notice to appear is

Removal proceedings usually begin when the Department of Homeland Security issues a document called a Notice to Appear. It lists the government's charges and gives the first hearing information. Read every page. The notice is the starting point of the case, and it shows what the government says about you.

Do not throw the notice away, even if you think it is a mistake. Keep the original, make copies, and bring them to your attorney.

Do not miss a hearing

A missed hearing can lead to an order of removal entered in your absence, and that can have serious effects on future immigration options. If you cannot attend, or you are unsure about a date, contact the court and your attorney right away. Do not rely on rumors or on people who say a date can be changed without asking the court.

The right to a lawyer

In removal proceedings, you have the right to be represented by a lawyer, but the cost is generally yours to bear. Many people hire their own attorney, while others work with a nonprofit or pro bono program if one is available in their area. EOIR publishes a List of Pro Bono Legal Service Providers that describes non-profit organizations which may help people in immigration proceedings.

Ask whether any help is available before you decide how to proceed. If you choose to represent yourself, understand that removal proceedings have many technical steps.

If you or a family member is detained

If someone you know has been detained, ask for the name of the detention facility and the person's registration number, sometimes called an A-number. Write down these details and keep them with your other documents. Keep your phone charged and keep a written list of important phone numbers.

Do not sign documents you do not understand, including forms that agree to leave the country, until an attorney has reviewed them. Signing can have lasting consequences, and the decision is not always reversible.

Documents to keep organized

Keep every notice, your passport and other identity documents, records of where you have lived, proof of family ties, employment records, tax records, and school or medical records. Make a timeline of your entries into the United States, any departures, and any prior applications or hearings. An attorney will ask for these items, and having them ready saves time.

Possible defenses and relief

Some people may have defenses or forms of relief available, such as asylum or cancellation of removal. Eligibility depends on the facts and on the law. An immigration judge decides these questions, and a lawyer can explain which options may be available to you. Do not assume you have no options without a consultation, and do not assume an option will work without one.

Where to find legal help

Look for a licensed immigration attorney, and confirm the license with the state bar or licensing authority in the state where the attorney practices. Ask for a written fee agreement. You can browse immigration lawyers to start a search, and read our lawyer guides for questions to ask at a first meeting.

What the first hearing usually covers

At the first hearing, the immigration judge generally confirms your identity, asks whether you received the notice, and explains the charges listed in it. The judge will ask how you respond to each charge and whether you want to be represented by an attorney. If you need more time to find a lawyer, you can ask for it, and the judge may set another date.

Do not answer questions about the charges until you understand what they mean. You can ask the judge to explain anything unclear. An attorney can prepare you in advance so you know what to expect.

Stay in contact with the court and your attorney

Keep your current address and phone number up to date with the court and with your attorney. A notice sent to an old address may never reach you. Write down every hearing date, including any change, and confirm each one with your attorney. Keep a copy of every filing you make.

Frequently asked questions

Can I represent myself in immigration court?

You may represent yourself, but removal proceedings are complicated, and small errors can have large effects. Many people choose to consult an attorney, even for a single review.

Will my hearing take place in a courtroom?

Hearings can take place in person, by video, or by telephone, depending on the court and the stage of the case. Your notice and the court's instructions state the format.

What if someone claiming to be a lawyer contacts me?

Do not sign anything or pay anyone until you verify their status. Check an attorney's license with the state bar, and check whether an accredited representative is listed by the Department of Justice.

General information, not legal advice. Removal proceedings are fact-specific and the law changes. Talk with a licensed immigration attorney about your situation as soon as possible.