What Happens During the Deportation Process?

Reviewed By Ilona Bray, J.D., University of Washington Law School

Deportation is the legal process of removing a non-citizen from the United States. It typically occurs either because an individual is in the country illegally, without the required documentation, or because the person has violated the terms of his or her lawful status, such as by committing a crime, overstaying a visa, working while on a visa that prohibited U.S. employment, or applying for need-based public assistance.

No matter how or why the U.S. government initiates deportation proceedings, also called removal proceedings, the process is usually the same (at least for people who are not immediately placed into detention, as usually occur if the person was convicted of a crime).

In some cases, deportation proceedings begin with the non-citizen's arrest by U.S. immigration authorities. In other cases, they're simply the next procedural step after the person has applied for an immigration benefit, such as a green card or asylum, and been denied.

Failure to appear for deportation proceedings normally result in an immediate order of removal, which is extremely difficult to undo.

Non-Citizen Receives a Notice to Appear (NTA)

Both Immigration and Customs Enforcement (I.C.E.) and U.S. Citizenship and Immigration Services (USCIS) handle deportations or removals. These agencies are part of the U.S. Department of Homeland Security (DHS).

If you've done something that can get you deported, DHS will send you a Notice to Appear (NTA), meaning it is ordering you to present yourself in the federal immigration court (formally called the Executive Office for Immigration Review or EOIR). DHS must also give a copy of the notice to the court.

The NTA will tell you why you are in danger of being removed from the U.S. and give you the date for your first hearing. You usually have at least ten days before the hearing, so that you'll have time to consult with a lawyer.

Whatever you do, don't ignore the NTA. Failure to appear for deportation proceedings normally result in an immediate order of removal, which is extremely difficult to undo.

Initial, Master Calendar Hearing

The initial hearing, also called a "master calendar hearing," is mostly procedural. You will be in a room full of people, each of whom is given only a few minutes before the judge. A final decision is not often made at this time.

At the master hearing, immigration officials will explain the deportation procedure to you, tell you about your rights, and schedule an "evidentiary hearing," at which you will have an opportunity challenge the government's efforts to deport you and assert any legal or factual defenses you might have, or apply for certain immigration benefits (if eligible).

If you don't have an attorney yet, you can ask for more time to find one. Often, volunteer attorneys will make themselves available at master calendar hearings. But don't expect to be provided with a free attorney. Because immigration proceedings are civil, not criminal, there is no right to a public defender.

Second, Merits Hearing

At the evidentiary hearing, also called an "individual calendar hearing" or "merits hearing," a federal immigration judge hears the evidence against you. This is the hearing that determines whether you'll be deported. But not necessarily on the first day.

Such hearings often last so many hours that they can't be finished on the day originally scheduled. When that happens, the judge will issue a "continuance," meaning schedule a followup hearing, often many weeks or months in the future.

The individual hearing is more private. Only you, the judge, the government's attorney, your interpreter (which the government will provide if you don't speak English), and any witnesses whom you or the government call will ordinarily be in the courtroom.

You can defend yourself by offering your own evidence, witnesses, or testimony. You have the right to fight the charges against you. In some situations, this may involve asking the court to waive deportation and grant you a right to remain in the United States. Or, if applicable, you may assert a right to receive protection as a refugee, who is afraid to return to your home country because of past persecution or the threat of future persecution.

At the end of the hearing, the judge may issue an immediate, oral decision from the bench. Or, if the judge needs more time to review the facts or the law, he or she may send the decision to you later.

Right to Appeal an Adverse Decision

If the immigration judge rules against you, you don't have to leave the U.S. immediately. You have 30 days to file an appeal with the Bureau of Immigration Appeals (B.I.A.). And if that decision also goes against you, you may be able to appeal it to the (federal) U.S. Court of Appeals.

The U.S. government also has a right to appeal. So even if the decision goes in your favor, you are not completely safe until either the government says it won't appeal, or the appeal period (30 days) has passed, or you go forward and win all the appeals.

Doing Nothing Is Your Worst Option

Even if you don't appear for your immigration court hearings, the DHS can remove you from the country. It's not necessary that you be present. The DHS attorney will ask the judge for an order of removal. If you are not there to fight the charges against you, the judge will in all likelihood agree to issue this order.

Question to Ask Your Immigration Lawyer


  • Do I have any basis upon which to challenge my deportation from the U.S.?
  • What if I simply want to stop fighting this, and to leave the U.S. now? Will "voluntary departure" help me?
  • I just married a U.S. citizen; we hadn't been planning on getting married yet, but are really a couple. Will this help me avoid removal?
  • I pled guilty to a crime only to avoid jail time. But I'm innocent! And now I'm facing removal. What can I do?
  • I already missed my master calendar hearing. Now what?
  • I got put into deportation proceedings because the Asylum Office didn't grant my claim. What are the chances that the judge will feel differently?

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