The Facts and consequences of “Self-Deporting”

The administration’s hostile tone against the immigrant community and the environment they have manufactured over the last few months may make the idea of leaving the United States on your own accord tempting, but it is important to know the facts, understand your options, and consider the consequences of departing the United States, even if voluntarily. The purported incentive of $1,000 (in some instances) upon departure may seem appealing but accepting this offer may have serious consequences and impede your ability to return to the United States in the future. This option may be the best choice for some families but is a choice that should not be made without consulting an attorney.

Over the last few weeks, we have seen the Department of Homeland Security increase pressure on noncitizens to self deport, not only on social and traditional media, but even in the immigration courts. Attorneys and individuals have reported “self-deport” flyers posted in the courts and have also received them by mail. In at least one instance, an asylee received a copy of the flyer along with the immigration judge’s order granting his asylum application. Clearly, if an immigration judge or an immigration official has approved a noncitizen’s immigration application, then there is no reason why they should be offered “self-deportation”. We have also seen the roll-out of the CBP Home application along with a purported stipend that is designed to incentivize noncitizens to leave the United States.

For individuals that have cases pending before the immigration court or the Board of Immigration Appeals, the suggestion that they should “self-deport” is at best incomplete and devoid of process and consequences. Individuals that have cases pending before the immigration court cannot simply leave. Doing so without permission from the court will, in most cases, result in a removal order issued in the person’s absence. For those with pending appeals, departure may also result in abandonment of those appeals.

Certain individuals with pending cases may be able to request that the immigration judge issue a “voluntary departure” order, either at the commencement of proceedings or at the conclusion of proceedings to allow that individual to leave the U.S. voluntarily. Depending on when an individual requests voluntary departure, they may be given between 60 to 120 days to depart on their own. A noncitizen can avoid an order of removal by departing the U.S. under voluntary departure.  Certain individuals may be required to pay a voluntary departure bond within days of such an order. Other individuals may not qualify for voluntary departure and may instead need to work with the Department of Homeland Security to withdraw their application for admission and/or request that their proceedings be terminated. But again, leaving without permission may have serious consequences.

It is important to keep in mind that even if an individual leaves the U.S. under an order of voluntary departure, or departs prior to being placed in removal proceedings, they may not be able to return to the U.S. lawfully without waiting abroad for certain periods of time or seeking waivers. This is particularly true for individuals that may have periods of unlawful presence in the United States.  It is important to note that to return to the United States, each individual will have to qualify under our limited immigration laws for family, employment or humanitarian immigration.

For individuals that might already have removal orders, departing the United States, even voluntarily, will execute the removal orders and will similarly require time abroad and/or waivers to return to the United States.

To better understand your immigration options or if you’d like to evaluate whether departing voluntarily might be in your best interest, please contact our office for a consultation with our licensed immigration attorneys.