Understanding the U.S. Deportation Process: What It Is, How It Works, and Why Legal Help Matters

2025 saw a period of intensified immigration enforcement by the U.S. government, including expanded detentions, arrests, and deportations. Policies under the current administration have prioritized locating and removing noncitizens with final deportation orders, contributing to broader enforcement actions across the country. Advocates and reporters have documented sharp increases in detentions and fines for individuals who remain after orders of removal, underscoring a much more aggressive removal environment.

For anyone at risk of deportation, the U.S. deportation process—also known as removal proceedings—can be confusing, intimidating, and legally complex. The outcomes can affect your ability to live, work, and return to the United States. That’s why obtaining experienced legal representation is critical at every stage. In New York, contact Gladstein & Messinger, P.C., for help from an experienced Queens deportation/removal defense lawyer serving throughout NYC and beyond.

What Is Deportation (Removal)?

“Deportation” is the common term for removal under U.S. immigration law. It refers to the legal process by which the federal government seeks to expel a non-citizen from the United States because they are not lawfully permitted to remain. Removal can be based on:

• Entering without inspection or overstaying a period of authorized stay;
• Violation of immigration status;
• Criminal convictions that render a person removable under immigration law;
• Other grounds, such as fraud or security concerns.

Once an immigration judge orders removal, a formal order of removal is entered, setting the stage for physical removal from the U.S.

Who May Be Detained and Deported?

Individuals may be detained and placed in removal proceedings if:

• They are encountered by immigration authorities (ICE or CBP) in the course of enforcement operations;
• They have a prior order of removal and are apprehended later by ICE;
• They are diagnosed as deportable during status checks or cross-agency data reviews.

Detention can occur before or during removal proceedings. In some cases, ICE detains individuals physically prior to court proceedings, and in others, they may be arrested at routine check-ins, at home, or in other locations.

If you are detained by ICE, you have the right to contact an attorney. For the loved ones of a person detained, the Online Detainee Locator System can help locate someone held by ICE using their A-Number or biographical information. If the online system does not yield results, contacting the local ICE Enforcement and Removal Operations field office may be necessary.

How to Find Out if Someone Has a Deportation Order

If you or a family member believes there may be a deportation order on file but you haven’t received confirmations or notices, here are official ways to check:

• EOIR Case Information: The Executive Office for Immigration Review (EOIR) maintains an Automated Case Information System (ACIS). You can check case status, including next hearing date and whether a final order of removal exists, online or by calling 1-800-898-7180 and entering the person’s A-Number.

• Immigration Court Documents: Official notices from immigration courts (such as “Notice to Appear” or removal orders) contain critical information, including hearing dates and outcomes.

• Freedom of Information Act (FOIA) Request: If records are incomplete or if notices were not received, a FOIA request can be submitted to USCIS, ICE, or EOIR to obtain a full file.

Keeping track of every notice and court communication is essential because missing hearings can lead to a deportation order in absentia (entered without you being present).

What Happens When Someone Is Detained by Immigration

Once ICE takes someone into custody for an immigration violation, the person will typically go to an immigration detention facility. In detention:

• The individual will be advised of their rights, including the right to a hearing before an immigration judge.
• They have the right to legal representation at their own expense, but the government does not provide free counsel in immigration proceedings.
• Depending on circumstances, a detained individual may be eligible for a bond hearing before an immigration judge, where a judge determines whether they can be released from custody and under what conditions.

Presenting strong evidence of family ties, employment, and community contributions at a bond hearing can improve the chances of release while proceedings continue.

Immigration Court Hearings and Rulings

Removal proceedings are handled by immigration courts under the DOJ’s EOIR. There are typically multiple stages:

1. Master Calendar Hearing: A first hearing where charges are reviewed, and the respondent (person in proceedings) may state defenses or apply for relief.

2. Individual (Merits) Hearing: A full hearing on the substance of defenses (e.g., asylum, cancellation of removal, adjustment of status).

3. Ruling: If the immigration judge finds the individual removable and no relief is granted, a formal order of removal will be issued.

Appearing at every scheduled hearing is critical. Failure to appear can result in an in-absentia removal order, which carries serious consequences and can be difficult to reopen.

Voluntary Departure

In some cases, an immigration judge may grant voluntary departure, allowing a person to leave the U.S. at their own expense within a specified time rather than being formally deported. Voluntary departure has important benefits, as it avoids a removal order on the record, which can improve future prospects of reentry.

However, if someone granted voluntary departure fails to leave by the deadline, the order converts to a removal order, and severe consequences can follow, including fines, bars to relief, and difficulty returning.

Appealing a Deportation Order

If an immigration judge orders removal, that decision can usually be appealed to the Board of Immigration Appeals (BIA). The appeal must be filed within 30 days of the judge’s decision. If the BIA denies the appeal, it may be possible to seek judicial review in the federal courts. Appeals are complex and time-sensitive. Filing the correct forms and meeting deadlines is essential, and the process can be too challenging without legal assistance.

What Happens When Someone Is Deported

When a deportation order becomes final and is enforced, the individual is physically removed from the United States, often with ICE arranging transportation. In addition, a formal removal order in one’s immigration history can trigger significant reentry bars — often for years or permanently — depending on the circumstances.

Additionally, since 2025, the government has implemented financial penalties aimed at pressuring individuals with final removal orders; in some cases, fines amounting to substantial sums have been reported, increasing the urgency of lawful resolution before a final order is issued.

Readmission After Deportation or Removal

After removal, returning to the United States legally is challenging. Individuals subject to removal orders typically must wait for years or obtain special permission, such as a waiver of inadmissibility, before seeking to reenter. In some cases, voluntary departure, if granted and complied with, can leave open more pathways to future visas than a formal removal order would.

The Critical Importance of Legal Representation

Navigating the deportation process — from detention to court hearings, motions, appeals, voluntary departure decisions, and potential readmission strategies — is legally complex and emotionally taxing. Throughout every stage, an experienced immigration lawyer can help ensure notices are received and deadlines met. Counsel can also identify eligibility for defenses and relief (such as asylum, cancellation of removal, or adjustment of status). Most importantly, a lawyer can prepare and present compelling evidence, cross-examine witnesses, and file critical appeals.

Without representation, individuals are far more likely to receive removal orders and far less likely to secure relief. Legal representation significantly improves the chances of a favorable outcome, whether that means release from detention, obtaining relief from removal, or preserving future immigration options.

Contact a New York Deportation/Removal Defense Attorney Today

If you or a loved one is facing deportation or removal proceedings in New York, contact Gladstein & Messinger, P.C., for experienced legal guidance and defense. Time is often of the essence in these cases, and early intervention can make all the difference.