If you don’t leave the country after a final deportation order, you can be arrested by ICE and forcibly removed from the country. You may be subject to a lengthy detention and criminal prosecution. You may also be banned from returning to the country for several years.
Needless to say, the consequences of violating a valid deportation order can be severe. If you are currently facing deportation and would like to discuss your options, you can schedule a consultation with a knowledgeable immigration lawyer.
How Does the Deportation Process Work?
The deportation process starts when you receive a Notice to Appear (Form I-862) that outlines the government’s intent to deport you and the reasons for removal.
After receiving the NTA, you will attend a master calendar hearing. During this hearing, an immigration judge will read the charges, you’ll enter a plea, and you’ll receive a schedule for future hearings. Next is the individual trial hearing, where you can present evidence and arguments against the government’s accusations.
After the trial hearing, the judge will render a decision. If they decide on removal, you have 30 days to appeal the decision. If you don’t appeal within 30 days, the government will carry out the final removal order.
Penalties for Not Leaving After a Final Deportation Order
If you waive your right to appeal or your appeal is denied, then the government has 90 days to carry out the deportation order. During this time, you will likely be detained and held in custody by ICE or CBP.
Deportation is usually a civil matter, but it can be treated as a crime in some cases. Refusing to comply with a final deportation order may be charged as a felony crime under 8 USC 1253(a), which can be met with up to four years of incarceration in a federal prison. If you are guilty of a serious violent felony, then the incarceration period can be increased to ten years.
In addition to any possible criminal penalties, you may be subject to a ban on your return to the US. A ban on re-entry can last a few years or for life, depending on your specific circumstances and the discretion of DHS.
Voluntary Departure Is an Option to Avoid Immigration Penalties
During a calendar hearing or individual merits hearing, a judge might allow you the option of voluntary departure. Voluntary departure will allow you to voluntarily leave the US at your own personal expense and avoid immigration consequences or potential criminal prosecution.
You generally have 120 or 60 days to leave the country after an order of voluntary departure, depending on whether it’s granted at the master calendar hearing or individual merits hearing. Unlike with formal deportation, voluntary departure is unsupervised; you won’t be escorted by agents, and there won’t be anyone waiting for you at the border.
The upshot of voluntary departure is that it avoids future immigration penalties. If you leave under a voluntary departure order, you can avoid the unique re-entry bans associated with a formal deportation order. However, you can face criminal and civil consequences if you refuse to leave after being granted a voluntary departure order.
A Voluntary Departure Order Can Become a Final Removal Order
If you fail to remove yourself from the country, then the voluntary departure order can turn into a final removal order. This can happen without a judge issuing a new decision and without a court hearing. At this point, you’ll be subject to removal as you would under a normal deportation.
Even if you remove yourself on your own, leaving voluntarily after the order expires will count as a formal deportation. You’ll still be subject to immigration bans, even though you actually left the country of your own volition.
Self-Removal Is Not the Same as Voluntary Departure
Although the names are similar, voluntary departure is not the same as self-removal. Self-removal is an informal process where you leave the country on your own, without the say-so of a judge. Voluntary departure, in contrast, is a formal legal process that must be ordered by a judge.
The new “self-removal” program from the Trump administration is not the same as a traditional voluntary departure. The Trump administration’s self-deportation program will not protect your ability to return to the United States in the future.
Contact an Immigration Lawyer From Mendoza Law
The rules surrounding deportation in the US can be incredibly complex, which is why you need a dedicated legal professional on your side. The Mendoza Law Firm has over 100 years of combined legal experience and a passion for fighting for justice.
Do you have more questions about what happens after a deportation order? If so, contact The Mendoza Law Firm online or reach out by phone to speak to an immigration lawyer about your case.
