Deportation is the legal process of removing a non-citizen from the United States. It typically occurs either because a person is in the country illegally, without the required documentation, or because the person has violated the terms of their lawful status, such as by committing a crime, overstaying the permitted time on the I-94 that border officials issue to entrants with visas, working here while on a visa that prohibited U.S. employment, or applying for need-based public assistance or "welfare" in the United States.
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.
No matter how or why the U.S. government initiates deportation proceedings, also called removal proceedings, the process is normally similar (at least for people who are not immediately placed into detention). However, foreign nationals who have an outstanding removal order on file can be deported immediately, with no chance to present their case to an immigration judge.
Step One: Possible Immigration Detention
If and when a foreign national is arrested in the United States, Immigration and Customs Enforcement (ICE) will decide whether they appear to be a "flight risk" (someone who might not show up for future deportation proceedings) or a public safety threat. Upon such a finding, the foreign national will be placed in a detention facility, though they might later be released if they are authorized to get out on bond, and can pay the amount set for them.
ICE is legally required to serve someone with a Notice to Appeal (an NTA, described next) within 72 hours of detaining them. Sometimes officers fail to do so, however, or they issue a blank or only partially filled-in NTA.
The following mostly describes procedures for people who are not in detention. For people in detention, the immigration judges often come to courtrooms set up there. Such people can (and if possible, should) hire a lawyer to come to the detention facility, as well.
Don't expect to be provided with a free attorney for your entire case. Because immigration proceedings are civil, not criminal, there is no right to a public defender.
Step Two: Non-Citizen Receives a Notice to Appear (NTA)
Both Immigration and Customs Enforcement (ICE) 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 this notice to the court. The NTA will tell you why you are in danger of being removed from the United States and give you the date for your first hearing, called a master calendar or scheduling hearing. You usually have at least 10 days before this 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. It will also make it virtually impossible to get a hearing with an immigration judge in the future if you are picked up by ICE; you will instead be deported on the spot.
Step Three: Initial, Master Calendar Hearing
The initial hearing, also called a "master calendar hearing," is mostly procedural. You will likely be in a room full of people, each of whom is given only a few minutes before the judge. A final decision on someone's case is not often made at this time. Alternatively, you might be able to attend by videoconference using a system called Webex.
At the master hearing, immigration officials will explain the deportation procedure to you, tell you about your rights, and if you claim any possible defense to your removal, schedule an "evidentiary hearing."
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, partly out of charity, partly in hopes that you will hire (and pay) them later.
Step Four: Second, Merits or Individual Hearing
At the evidentiary hearing, also called an "individual calendar hearing" or "merits hearing," a federal immigration judge hears the evidence against you and your defenses.
This is the hearing that determines whether you will be deported, though not necessarily on the first day. Such hearings can last so many hours that they can't be finished on the day originally scheduled. When that happens, the judge might issue a "continuance," meaning schedule a follow-up hearing.
The individual hearing is mostly 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 decide to call will ordinarily be in the courtroom or on the videoconference call. (Some judges will schedule a Webex hearing of their own accord, others may do so if you ask for one.)
You can defend yourself against deportation by offering evidence, witness testimony, or personal testimony. You have the right to fight the charges against you. In some situations, this might 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 an asylee, because you are afraid to return to your home country due to past persecution or the threat of future persecution there.
Be wary if the government attorney offers to "dismiss" your case, especially if you are undocumented and entered the United States less than two years ago. This could be a preface to placing you in expedited removal proceedings, meaning you'd be deported quickly, without further opportunity to see a judge. See this information about this newly common practice from the National Immigration Project.
Step Five: The Judge's Decision
At the end of the hearing, the immigration judge may issue an immediate, oral decision from the bench. Or, if the judge needs more time to review the facts or the law, the judge may send the decision to you later.
Right to Appeal an Adverse Decision by the Immigration Judge
If the immigration judge rules against you, you probably don't have to leave the United States immediately. You have a limited number of days in which to file an appeal with the Board of Immigration Appeals (B.I.A.). It's currently 30 days, but the U.S. government is proposing new rules reducing this to 10 days starting March 9, 2026. Also as part of these new rules, the B.I.A. will be able to refuse cases without hearing them, and let the immigration judge's decision stand as-is.
If the B.I.A. accepts your case, but their decision also goes against you, or if it rejects your case outright, you can appeal it to the (federal) U.S. Court of Appeals.
The U.S. government also has a right to appeal. So even if the B.I.A. 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.
Missing an Immigration Court Hearing Is Your Worst Option
Even if you don't appear for your immigration court hearings, the DHS can remove you from the country. It is not necessary that you be present to receive an order of removal. And 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, and it will go into your immigration record.
Nevertheless, it's worth consulting an immigration attorney immediately if you've missed a hearing. The attorney can assess whether you qualify to file a motion to ask the court for a new hearing date.
If You Missed Your Immigration Court Hearing Because You Did Not Receive Notice
If you did not receive any notice about your hearing date having been scheduled, you will have a good argument to ask for a new one. When you did not appear at your hearing, the immigration judge most likely issued what is known as an in absentia (while absent) removal order. You can file a motion to get this removal order reopened, and receive a new hearing date, if you can prove to the immigration judge you did not receive notice of the hearing that you missed.
You should first look to the NTA, which contains the charges against you. This document might or might not contain the date, time, and place of your removal hearing. If the NTA includes this information and you nonetheless did not attend your removal hearing, you will likely not be able to show that you did not receive notice of your hearing.
If your NTA did not include this information, and the notice of your actual hearing date never arrived at your address, you will have a good argument for your case to be reopened. You will want to demonstrate to the court that you kept it informed of your address, but still never received notice. There is no time bar to filing a motion to reopen based on lack of notice, but it is in your best interest to hire an attorney to file the motion as soon as possible. If you have an in absentia removal order you could be removed from the United States by Immigration and Customs Enforcement (ICE) without a hearing before an immigration judge.
There is no fee for filing a motion to reopen with the immigration court based on lack of notice. You will want to include evidence including affidavits from you and others you live with that your hearing notice never arrived and any evidence of problems with mail delivery at your home.
If You Missed Your Immigration Court Hearing Because Of Exceptional Circumstances
If you knew about your hearing date but did not attend because of exceptional circumstances you must file a motion to have your case reopened within 180 days of your missed hearing. You will also be required to pay a fee with this motion.
Exceptional circumstances might include that you that you were in criminal custody, you or an immediate relative was seriously ill, you were the victim of extreme domestic abuse, or another circumstance beyond your control that made it so that you could not attend your hearing.
Gather evidence of the exceptional circumstance that prevented you from attending you hearing. You'll need to submit to the court with your motion to have your case reopened. Again, it is best to file a motion to reopen as soon as possible after your missed hearing, because otherwise you could be removed from the United States by ICE without even seeing an immigration judge.
If You Missed Your Immigration Court Hearing Because You Were Scared or Did Not Want to Attend
If you missed your court hearing because you were scared to attend or did not feel like attending, you will not have a good argument to have your case reopened to ask for a new hearing date.
You should nonetheless consult an immigration attorney as soon as possible, because you might qualify for a stay of removal or deferred action, which could prevent your removal from the United States. Under certain circumstances the immigration judge may also use "sua sponte" (personal) authority to reopen your case (for example, if you have an approved and immediately available visa). It is therefore in your best interest to meet with an immigration attorney to assess your case.
Question to Ask Your Immigration Lawyer
- Do I have any basis upon which to challenge my deportation from the U.S.?
- What if I want to stop fighting this, and 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 the immigration judge will feel differently?