Who is involved in the expulsion (deportation) process?
There are three main participants in the removal (deportation) process:
The respondent, the Department of Homeland Security (DHS), and an Immigration Judge (IJ).
Defendants in removal (deportation) proceedings are called respondents. The Department of Homeland Security (DHS) processes, arrests, and detains respondents in removal proceedings. Ultimately, immigration judges (IJs) decide whether the respondents may remain in the United States or be removed (deported) to their home countries.
What are the first steps in the removal (deportation) process?
People in removal (deportation) proceedings will be scheduled to appear before an immigration judge (IJ). The case begins with a charging document called a Notice to Appear, which states why the Department of Homeland Security (DHS) believes you have violated U.S. immigration laws. The date and time of your first hearing should be included in this notice. If not, you will be notified by mail of the date and time of your hearing. Removal proceedings can be complicated, involving between three and ten hearings.
What are your responsibilities in removal (deportation) proceedings?
People in removal (deportation) proceedings have several responsibilities, including:
- Appear at each of your scheduled immigration court hearings. If you fail to appear, you will be ordered removed (deported) in your absence and a warrant will be issued for your arrest. If you were released on bail, you will lose the money you paid.
- If you have a dispute and believe you cannot attend your hearing (for example, because you or your child have a scheduled surgery, because you are pregnant and cannot travel to court, etc.), request permission in advance to postpone (“continue”) or reschedule your hearing.
- Requesting permission is not enough. You must obtain a court order setting a new hearing date to excuse yourself from court. If you miss a hearing due to an accident, illness, or other unforeseen emergency, file a motion to reopen the case as soon as possible, but no later than 90 days after the hearing. The motion must include evidence of why you were unable to appear (a copy of medical records, a police report, etc.).
- Inform the court of any change of address within five days using Form EOIR-33/IC. Since the immigration court sends hearing notices by mail, it is extremely important that you inform the court of your change of address every time you move. You must also send a copy of the form to DHS.
- Comply with any deadlines the judge orders in your case. The judge may set a deadline for submitting an application, evidence, or other documentation in your case. You must meet these deadlines. If you don't submit anything on time, the judge could declare your application abandoned and order your removal (deportation).
- If DHS detained you and you were released, you may also be required to report periodically to a DHS officer at a pre-designated location. If you fail to report, DHS may arrest and detain you again. If you posted bail, you will lose the bail money.
Do I have the right to a lawyer in removal (deportation) proceedings?
You have the right to an attorney, but at no cost to the government. Generally, you do not have the right to a court-appointed attorney. This means that if you want an attorney to represent you, you will have to hire one or find a nonprofit organization that will represent you for free. Each immigration court maintains a list of free legal service providers.
Unfortunately, these providers lack the resources to represent every respondent in removal (deportation) proceedings. It's important to contact them as soon as possible because you may be placed on a waiting list. If you can't find an attorney to represent you, you have the right to represent yourself in immigration court.
Only licensed attorneys or accredited representatives working for a law firm can represent you in removal (deportation) proceedings. Notaries public in the United States are not attorneys and cannot represent you in removal (deportation) proceedings or prepare immigration forms.