Thread: Jeff Sessions Says Donald Trump Is Mulling Making Undocumented Immigrants ‘Self-Depor

In United States immigration law, voluntary departure is a process where an alien (usually one in removal proceedings, due to either unlawful presence or some other reason for removability) chooses to return to his or her home country, and in return, the U.S. Department of Homeland Security does not put a removal order ...

Voluntary departure (United States) - Wikipedia, the free encyclopedia

https://en.wikipedia.org/wiki/Voluntary_departure_(United_States)Wikipedia

Voluntary Departure vs. Voluntary Return vs. Deportation


Posted on January 18, 2013
by attorneyjennifer

Many people believe that there is no difference between a voluntary departure, a voluntary return, and a deportation. When, in fact, there is a significant difference between each one of them and each has a different immigration consequence if and when a person decides to seek admission to the United States.

Voluntary Departure : This type of departure can take place at the border, a port of entry, or anywhere in the United States, including immigration court or detention. It can be given by border patrol or by ICE – Immigration and Customs Enforcement.

• If at the border, typically there is a short detention period, usually less than 6 hours, fingerprints and pictures are taken, and a paper is signed. After which the person is allowed to go back to their home country. This type of immigration procedure is common at the border between Mexico and the United States if you are a Mexican national. It is also common if the person is not a habitual immigration violator and does not have a criminal record.
• This type of immigration procedure will not harm a person if they apply for a visa or a green card.

Voluntary Return : This type of departure only takes place at the border It can be given by border patrol.

• At the border, there is a short detention, usually less than 30 minutes, fingerprints are taken but nothing is signed. Basically, border patrol turns the person back around and sends them back to their home country (typically Mexico) without gathering any data or very little data about the person.
• This type of departure will not harm a person if they apply for a visa or a green card.

Deportation or Order of Removal: This type of departure takes place at the border, port of entry, or any immigration court in the nation. It can be given by border patrol or ICE – Immigration and Customs Enforcement.

• If at the Border or Port of Entry, a deportation is called a Expedited Removal. This type of order is allowed to be given to a person by border patrol within 90 miles of the border. A person will not be able to see a judge or contest an Order of Expedited Removal. It is up to border patrol alone whether or not to give someone an expedited removal order. A person’s fingerprints will be taken, notice will be given, and the person will sign something. Detention is usually more than 24 hours.
• In immigration proceedings, if the Judge determines that a person is not eligible for a certain type of relief or denies a person’s relief, an Order of Removal will be entered. If not detained, a person will receive a bag and baggage letter stating a place and time to report to in order to be deported.
• This type of departure will harm someone if they apply for a visa or a green card.
• An expedited removal order bars a person from applying for admission into the United States for five (5) years.
• An order of removal bars a person from applying for admission for ten (10) years.

https://immigrationtexas.wordpress.c...s-deportation/

Rapid REPAT

The ICE Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) program is designed to expedite the identification and removal of criminal aliens process by allowing selected criminal aliens incarcerated in U.S. prisons and jails to accept early release in exchange for voluntarily returning to their country of origin.

Background

In November 2007, ICE began meeting with state executive agencies to discuss the concept of ICE Rapid REPAT as part of the ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) initiative. The concept, implemented in Georgia and Rhode Island, is modeled after two programs in the states of New York and Arizona that capitalize on ICE’s ability to more effectively identify and ultimately remove criminal aliens from the United States while still preserving the integrity of the criminal justice system. ICE field offices recently began to reach out to state agencies to present ICE ACCESS partnership opportunities, including ICE Rapid REPAT, where appropriate.

Key Elements

• In states where Rapid REPAT is implemented, certain aliens who are incarcerated in state prison and who have been convicted of non-violent offenses may receive early conditional release if they have a final order of removal and agree not to return to the United States.
• Eligible aliens agree to waive appeal rights associated with their state conviction(s) and must have final removal orders.
• If aliens re-enter the United States, state statutes must provide for revocation of parole and confinement for the remainder of the alien’s original sentence. Additionally, aliens may be prosecuted under federal statutes that provide for up to 20 years in prison for illegally reentering the United States.

Benefits

ICE Rapid REPAT is another law enforcement tool that ensures that all criminal aliens serving a time in prison are identified and processed for removal prior to their release.

The identification and processing of incarcerated criminal aliens prior to release reduces the burden on the taxpayer and ensures that criminal aliens are promptly removed from the U.S. upon completion of their criminal sentence.

This program allows ICE to more effectively identify and quickly remove criminal aliens from the United States. ICE Rapid REPAT also allows ICE and participating states to reduce costs associated with detention space.

https://www.ice.gov/rapid-repat

Criminal Alien Program

The Criminal Alien Program (CAP) provides ICE-wide direction and support in the biometric and biographic identification, arrest, and removal of priority aliens who are incarcerated within federal, state, and local prisons and jails, as well as at-large criminal aliens that have circumvented identification.

It is incumbent upon ICE to ensure that all efforts are made to investigate, arrest, and remove individuals from the United States that ICE deems priorities by processing the alien expeditiously and securing a final order of removal for an incarcerated alien before the alien is released to ICE custody.

The identification and processing of incarcerated criminal aliens, before release from jails and prisons, decreases or eliminates the time spent in ICE custody and reduces the overall cost to the Federal Government.

Additionally, integral to the effective execution of this program is the aggressive prosecution of criminal offenders identified by ERO officers during the course of their duties. ERO, in conjunction with the Offices of the United States Attorneys, actively pursues criminal prosecutions upon the discovery of offenses of the nation's criminal code and immigration laws.

This further enhances public safety and provides a significant deterrent to recidivism.

https://www.ice.gov/criminal-alien-program

Enforcement and Removal Operations

• Overview
• Leadership
• Divisions and Field Offices
• Archive

Mission

To identify, arrest, and remove aliens who present a danger to national security or are a risk to public safety, as well as those who enter the United States illegally or otherwise undermine the integrity of our immigration laws and our border control efforts. Enforcement and Removal Operations (ERO) upholds America's immigration laws at, within and beyond our borders through efficient enforcement and removal operations.

ERO enforces the nation's immigration laws in a fair and effective manner. It identifies and apprehends removable aliens, detains these individuals when necessary and removes illegal aliens from the United States.

ERO prioritizes the apprehension, arrest and removal of convicted criminals, those who pose a threat to national security, fugitives and recent border entrants. Individuals seeking asylum also work with ERO.

ERO transports removable aliens from point to point, manages aliens in custody or in an alternative to detention program, provides access to legal resources and representatives of advocacy groups and removes individuals from the United States who have been ordered to be deported.

FY 2015 ICE Immigration Removals

In addition to its criminal investigative responsibilities, ICE shares responsibility for enforcing the nation's civil immigration laws with U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). ICE's role in the immigration enforcement system is focused on two primary missions: (1) the identification and apprehension of criminal aliens and other removable individuals located in the United States; and (2) the detention and removal of those individuals apprehended in the interior of the U.S., as well as those apprehended by CBP officers and agents patrolling our nation's borders.

In executing these responsibilities, ICE has prioritized its limited resources on the identification and removal of criminal aliens and those apprehended at the border while attempting to unlawfully enter the United States. This report provides an overview of ICE Fiscal Year (FY) 2015 civil immigration enforcement and removal operations.

See FY 2015 ICE Immigration Removals Statistics

https://www.ice.gov/ero

While we would support efforts to get illegal aliens to "self deport", we would oppose any change in US laws that currently prohibit illegals from registering for legal entry for a minimum of 10 years.