American Exile: Rapid Deportations that Bypass the Courtroom

Document Date: December 3, 2014

In 2013, the United States conducted 438,421 deportations. In more than 363, 2793 of those deportations—approximately 83 percent—the individuals did not have a hearing, never saw an immigration judge, and were deported through cursory administrative processes where the same presiding immigration officer acted as the prosecutor, judge, and jailor. Some of those expelled without a hearing had lived in the United States for many years, have U.S. citizen children, and were never afforded the opportunity to say goodbye to relatives or call an attorney before being wrenched from their lives rooted in American communities. Some of those deported were fleeing violence, persecution, or torture and were turned back to danger. Others had lawful status in the United States, including U.S. citizenship, but were erroneously deported.

Executive Summary
Key Recommendations

  1. Summary Deportation Procedures: An Introduction
    1. Expedited Removal
    2. Reinstatement of Removal
    3. Administrative Voluntary Departure/Voluntary Return
    4. Administrative Removal Under INA § 283b
    5. Stipulated Orders of Removal
  2. Who Is Getting Deported Without a Hearing?
    1. Asylum Seekers Returned to Danger
      1. Expedited Removal and the Impediments for Asylum Seekers
      2. Language and Information Barriers
      3. Failure to Refer Asylum Seekers to an Asylum Officer
      4. Asylum Seekers with Prior Removal Orders
    2. People Lawfully in the United States Who Are Deported Without a Hearing
      1. U.S. Citizens Deported Through Summary Procedures
        1. U.S. Citizens with Mental Disabilities
        2. U.S. Residents with Valid Status
      2. Expedited Removal of Tourists and Business Visitors
    3. Longtime Residents Removed Without a Hearing
      1. Deportations at the Border
      2. Apprehended and Deported in the Interior of the United States
        1. Voluntary Return
        2. Administrative Removal Under 238b
    4. Children Arriving Alone
      1. Legal Background
      2. Accessing the Protections of the System
      3. Mexican Children and the TVPRA
      4. The TVPRA in Practice
  3. After Deportation: The Aftermath of an Unfair Removal
    1. Erroneous Deportations and the Lack of Oversight
    2. Reinstatement of Removal
    3. Prosecution for Returning
    4. American Families Living in the Shadows
  4. International Law and Restrictions on Summary Removals
    1. Access to Justice and the Right to a Fair Hearing
    2. The Right to Apply for Asylum and Right to Protection from Persecution
    3. Special Protections for Children
    4. Limitations on Detention
    5. The Right to Family Unity

Glossary of Terms

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