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The removal process

A uniformed ICE officer stands beside a jet on the tarmac before a removal flight
Photo: U.S. Immigration and Customs Enforcement via Wikimedia Commons (public domain)

By Matthew H. Phillips · Updated September 2026

"Removal" is the legal term for what most people call deportation. Since 1997, federal law has combined what used to be separate exclusion and deportation cases into one removal system. Removal is a civil process, not a criminal one. That means there is no right to a lawyer at government expense and no jury. Some immigration violations are also federal crimes, and those are prosecuted separately.

Who can be removed

The INA gives two sets of grounds for removal:

  • Inadmissibility (INA § 212): Applies to people who were never lawfully admitted, such as those who entered without inspection, or who are seeking admission. Examples include fraud, some criminal convictions, security grounds, and being likely to become a public charge.
  • Deportability (INA § 237): Applies to people who were lawfully admitted but then broke the terms of their status or committed certain offenses. Examples include overstaying a visa, working without authorization, failing to keep status (including an H-1B worker whose job ends and who doesn't leave or change status), and aggravated felonies.

Visa overstays are a large part of the removable population and receive much less attention than illegal border crossings. Overstays are among the easiest cases to prove, because the government's own records show when the person was admitted and when their stay ended.

The routes to removal

Not every removal goes through a courtroom. There are five main routes. Together they make up the "ICE interior removals" measure used by some groups that track enforcement.

  1. Full removal proceedings (INA § 240) before an immigration judge. This is the standard route and is described step by step below.
  2. Expedited removal (INA § 235(b)(1)). An immigration officer can order removal without a hearing if the person has no valid documents or used fraud, and cannot show two years of continuous presence in the U.S. A person who says they fear persecution gets a "credible fear" screening. For decades, DHS used expedited removal only near the border. A January 2025 designation extended it nationwide to the full two-year limit in the statute. In June 2026 the D.C. Circuit lifted a lower court's block on that expansion, and it has been in effect since July 2026.
  3. Reinstatement of removal (INA § 241(a)(5)). If someone who was already removed comes back illegally, the earlier order is simply reinstated. There is no new hearing, and most forms of relief are unavailable.
  4. Administrative removal (INA § 238(b)). A faster DHS process for people who are not green-card holders and have been convicted of an aggravated felony.
  5. Voluntary departure and assisted departure. The person leaves on their own, with the government taking part. The government's CBP Home app is the current tool for this.

Step by step: removal proceedings in immigration court

  1. Notice to Appear (NTA). DHS starts the case by issuing a charging document that lists the alleged facts and the removal grounds. ICE, CBP or USCIS can issue it. Filing it with the immigration court opens the case.
  2. Custody decision. ICE decides whether to detain the person or release them on bond, on recognizance, or under supervision. Detention is mandatory for some people. Under INA § 236(c), that includes people convicted of certain crimes. The Laken Riley Act (January 2025) added people who are charged with or arrested for theft, burglary, shoplifting, assault on a police officer, or crimes that cause death or serious injury. Detained cases move much faster.
  3. Master calendar hearing. A short first appearance before an immigration judge. The person admits or denies the charges and says what relief they will ask for. A person who fails to appear can be ordered removed in absentia, meaning without being there.
  4. Applications for relief. The most common are asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal and adjustment of status. Cancellation for non-green-card holders requires 10 years of presence and "exceptional and extremely unusual hardship" to a U.S. citizen or green-card-holder relative, and only 4,000 grants are allowed each year.
  5. Individual (merits) hearing. A full hearing with evidence and testimony. A government attorney from ICE's Office of the Principal Legal Advisor argues DHS's side.
  6. Decision. The judge either orders removal, grants relief, or grants voluntary departure. Voluntary departure gives up to 120 days if granted early in the case, or up to 60 days if granted at the end.
  7. Appeal. Either side can appeal to the Board of Immigration Appeals (BIA) within 30 days. After the BIA rules, the person can ask a federal court of appeals to review the decision within 30 days (INA § 242).
  8. Carrying out the order. Once an order is final, ICE Enforcement and Removal Operations handles the removal. That includes getting travel documents from the home country. Countries that refuse to take their citizens back can face visa sanctions under INA § 243(d).

The court backlog

The immigration courts are part of the Justice Department's Executive Office for Immigration Review (EOIR), not the federal courts. Their backlog reached about 3.9 million pending cases at the end of FY 2024. It was about 3.57 million in March 2026 and fell below 3.5 million by June 30, 2026. With waits that long, a person with a weak claim can often live and work in the U.S. for years before a judge hears the case. That delay is itself a reason people come. The number of judges has also fallen: NPR counted 553 permanent immigration judges in February 2026, down from 726 a year earlier, after firings and resignations.

Consequences after removal

  • Bars on returning: 5 years after expedited removal or removal on arrival; 10 years after other removal orders; 20 years after a second removal; and permanently after an aggravated felony conviction. A waiver is possible but rare.
  • Unlawful presence bars: A person who was unlawfully present for more than 180 days and then leaves is barred for 3 years. For a year or more, the bar is 10 years (INA § 212(a)(9)(B)).
  • Illegal reentry is a crime: Returning after removal without permission is a felony under 8 U.S.C. § 1326. The penalty increases with criminal history, up to 20 years.

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