What are the different types of deportation in the US?

In the US there are several types of deportation that affect an individual’s rights and opportunities in different ways. 

At Lluis Law, our Los Angeles immigration lawyers have over 50 years of combined experience defending immigrants in removal proceedings. 

We evaluate each case to find the best strategy and protect your rights.

If you are facing these proceedings, contact us as soon as possible. These cases require immediate legal attention, as every second can make a difference.

The importance of knowing the different types of deportation that exist today in the United States

With the recent deportation measures implemented by the Trump administration, it is key to understand that not all expulsions are carried out in the same way. 

Some individuals face expedited proceedings without a hearing, while others can present their case before a judge.

Each type of deportation has different legal implications. Therefore, it’s crucial to have the support of immigration attorneys specializing in removal defense like David and Ramiro Lluis, who have defended hundreds of individuals in similar scenarios.

What are deportations in the United States and how do they work?

Deportation is the legal process by which the US government removes a foreign national from the country who has violated immigration or criminal laws. 

This is a serious measure that could have long-term consequences for the right to return to the country.

What are the types of deportations in the United States?

In the United States, there are four main types of deportation, according to the Department of Homeland Security (DHS):

• Regular deportation: This is carried out through an order issued by an immigration judge. It applies to those who remain in the country without legal status, overstay their visa, or have a criminal record.
• Expedited Deportation: Allows deportation without a court hearing, unless the foreigner requests asylum in the United States. It generally applies to those apprehended near the border or shortly after entering the country illegally.
• Voluntary return: This is an informal process where an immigrant agrees to return to their country without going through a court process. Although it’s faster, it can also have future immigration consequences.
• Voluntary Departure from the United States: This option allows you to leave the country on your own before receiving a formal removal order. It can help avoid more severe penalties, but requires meeting certain requirements.

Each case is unique and can have significant legal implications. For further guidance, we encourage you to contact us. 

Types of deportation according to the cause

In the United States, deportations vary not only by procedure but also by reason. The most common causes are described below:

Administrative deportation

This type of deportation is primarily related to so-called “returns.” Immigration authorities issue these removal orders without the need for a full court process, usually when an individual directly violates immigration laws.

Deportation Due to criminal grounds for aggravated crimes

This is one of the most common reasons for removal. It occurs when an individual has been convicted of crimes considered serious under immigration law. These include:

• Extortion.
• Fraud or deception involving high amounts.
• Homicide.
• Money laundering.
• Child pornography.
• Kidnapping.
• Trafficking in weapons or explosives.
• Drug traffic.
• Human trafficking and smuggling.
• Rape or sexual abuse.

Aggravated felonies carry severe consequences, including the inability to apply for certain immigration relief. Our immigration attorneys are also criminal defense attorneys in Los Angeles , so they will defend you against potential charges.

Deportation for illegal entry or re-entry

Refers to foreigners who have entered the country without authorization or who have returned illegally after being deported. 

Deportation for violation of immigration status

This applies to foreigners who remain in the country without legal authorization or violate the conditions of their visa. This includes, for example, working without authorization or overstaying their visa.

Deportation for violation of immigration law

These deportations are based on acts that directly violate immigration laws. Some examples include:

• Visa fraud.
• Forgery of immigration documents.
• Lying during interviews with immigration authorities.

Even an unintentional mistake can raise suspicions of fraud, so having proper legal advice is key.

What are the grounds for Removal proceedings?

An individual can be deported from the United States for a variety of reasons, primarily for committing serious crimes or violating immigration laws. The most common causes include:

• Aggravated crimes: These include homicide, drug trafficking, etc. These crimes are considered serious and usually lead to immediate expulsion.
• Immigration law violations: Activities such as visa fraud or lying during immigration interviews can lead to deportation.
• Remaining without legal status: Entering or remaining in the country without authorization or violating the terms of a visa may result in a deportation order.
• Illegal reentry: Those who return to the US after a previous deportation without permission may face a second expulsion, although in some cases it is possible to request a waiver of inadmissibility.

In certain cases, you can win an immigration appeal process for removal or request cancellation of removal through forms such as the EOIR-29 or 42B.

What is the difference between expulsion and deportation?

Although both processes involve the forced departure of a foreigner from the country, the difference lies in when it occurs and the individual’s immigration status.

• Deportation: Applies to those already in the United States who have violated immigration laws. For example, those facing consequences for unlawful presence or committing certain crimes.
• Expulsion: Refers to those who attempt to enter the country but are deemed inadmissible at a port of entry, for example, an airport.

Note: An I-601 waiver can waive some of the reasons why a foreigner is considered inadmissible. However, only a skilled immigration attorney can determine if this is possible in each case.

What are the consequences of being deported from the United States?

Experiencing deportation can have a profound impact on an immigrant’s life, and the consequences vary from case to case. The most common consequences include:

• Difficulties in future immigration applications: Having a removal record can complicate the approval of future visas or immigration procedures.
• Loss of immigration status: Deportation entails the loss of legal status and other benefits, such as employment authorizations.
• Potential criminal consequences: If deportation is related to serious crimes or immigration violations, it may result in additional penalties.
• Reentry bar: A deported individual may be deemed inadmissible to return to the United States, either for a specific period or permanently.

In these types of scenarios, having the support of an immigration attorney can be crucial. A professional will help you explore legal options, such as requesting a waiver or presenting a defense before a judge.

Frequently asked questions about types of deportation in the United States

Can they search my home if I have a deportation order?

Yes, Immigration and Customs Enforcement (ICE) agents can come to your home if they have a removal order against you. 

However, they cannot enter your home without your consent unless they present a court order signed by a judge. A deportation order alone does not give them the right to enter. 

You can check our full guide and tips on how to act if ICE agents show up at your door.

Can I fix my paperwork if I have a deportation order?

Yes, in certain cases it is possible to regularize your immigration status even if you are under removal proceedings. 

There are legal options such as immigration waiver, family-based adjustment of status, or asylum. Of course, this all depends on your situation.

How long do you have to live in the US to avoid deportation?

There is no specific timeframe that guarantees deportation avoidance, but in certain cases, those who have lived in the US for at least 10 years may qualify for cancellation of removal through Form 42B. 

To do so, they must meet other requirements, such as demonstrating good moral character and demonstrating that their departure would seriously affect a family member who is a citizen or lawful permanent resident.

What is Form 42B and what is it for?

Form 42B is an application to cancel removal and obtain a Green Card. This form is filed with an immigration judge and is available on the Department of Justice (DOJ) website .

Do I have to pay a fee to file an immigration waiver in the event of deportation?

Yes. When applying for an immigration pardon, you must pay a fee that can range from $715 to $930 or more, depending on the type of form submitted. 

Payment can be made by personal check, cashier’s check, money order, or credit card using Form G-1450.

How will our immigration attorneys help you the different types of deportation in the United States?

At Lluis Law, our immigration attorneys have extensive experience in removal defense cases. 

We assess your scenario, identify the type of process you’re facing, and design the best legal strategy to protect your continued presence in the country. 

Whether it’s a regular, expedited, or voluntary departure removal, we can help you file applications for cancellation of removal, asylum or waivers.

Call us today. Acting quickly can mean the difference between being deported or staying with your family in the United States.