Removal (Deportation)

What It Means

Removal is the modern legal term for what was historically called deportation or exclusion. The 1996 IIRIRA reforms consolidated these prior procedures into a single "removal" framework codified at INA sections 235, 238, 240, 240A, 240B, and 241. Most removal proceedings are conducted under INA section 240 before an immigration judge in the Executive Office for Immigration Review (EOIR), which operates about 70 immigration courts nationwide. Proceedings are initiated when DHS files a Notice to Appear (Form I-862) with the court, charging the respondent with removability under INA section 212(a) (inadmissibility grounds for arriving aliens) or section 237(a) (deportability grounds for admitted noncitizens). Major grounds include unlawful presence, visa overstays, certain criminal convictions (particularly aggravated felonies and crimes involving moral turpitude), fraud, and national security concerns. Relief from removal can include asylum (INA 208), withholding of removal (INA 241(b)(3)), Convention Against Torture protection (8 CFR 208.16-18), cancellation of removal (INA 240A with separate LPR and non-LPR tracks), adjustment of status, and voluntary departure. Expedited removal under INA section 235(b)(1) allows CBP officers to remove certain arriving noncitizens without a hearing. Once a final removal order is issued, reentry bars apply under INA section 212(a)(9): 5 years for first-time removals, 10 years for subsequent, 20 years for multiple removals, and a permanent bar for aggravated felons or those who reenter illegally after removal. The EOIR docket has exceeded 3 million pending cases, making it one of the most backlogged adjudicatory systems in the federal government.

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