The Removal System of the United States: An Overview

Noncitizens who are not legally present in the United States, and noncitizens who are legally present but who are accused of violating a requirement of their legal status, may find themselves facing deportation from the country. Many noncitizens are subject to deportation proceedings while behind bars and without having the benefit of legal counsel. Recently arrived undocumented immigrants in particular tend to be quickly deported or expelled from the United States by low-level Department of Homeland Security (DHS) officials without a judge ever being involved. However, some noncitizens do get the chance to make their case to avoid removal to an immigration judge. Individuals who find themselves in front of an immigration judge in immigration court face the possibility that the judge will order them deported, or "removed," from the United States. But, in many cases, noncitizens can ask the judge to grant them some form of "relief from removal," which will allow them to stay in the United States