What this page does:
Before we analyze the data, we need to understand the machinery. This page breaks down the deportation process in the U.S.—including the agencies involved, the forms for documenting each case, and the terminology that shapes how lives are categorized, detained, and removed.
Note on Refugee Status
Refugees and deportation are distinct but related concepts within immigration law. A refugee is someone fleeing persecution in their home country and seeking protection, often through an asylum claim. Deportation, on the other hand, is the formal removal of a foreign national from a country for violating immigration laws. While a refugee may be subject to deportation if their asylum claim is denied or they violate immigration laws, historically, the process and protections afforded to refugees differed from those of other immigrants. In recent years, however, these protections have come under increasing political attack—including efforts to limit asylum eligibility, fast-track removals, and narrow the definition of who qualifies as a refugee.[1]
1. Key Agencies in the Deportation Process
The U.S. deportation system is carried out by a network of federal agencies, each playing a specific role in immigration enforcement and adjudication:
ICE (Immigration and Customs Enforcement)
ICE is responsible for enforcing removal orders, operating detention centers, and conducting arrests and workplace raids. It acts as the primary enforcer once a non-citizen is identified for deportation.[2]
CBP (Customs and Border Protection)
CBP handles border security and apprehensions. Officers at the border or ports of entry are often the first to initiate removal proceedings by detaining individuals suspected of immigration violations.[3]
OFO – Office of Field Operations
A division of CBP that screens people at official ports of entry (airports, seaports, land crossings). OFO officers can issue expedited removal orders on the spot.[4]
USCIS (U.S. Citizenship and Immigration Services)
USCIS evaluates applications for legal status (like asylum or green cards). If an application is denied, the agency may refer the individual to ICE, initiating the deportation process.[5]
EOIR (Executive Office for Immigration Review)
EOIR runs the immigration courts, where immigration judges hear deportation cases and determine outcomes. It's the judicial branch of the removal process.[6]
DHS (Department of Homeland Security)
DHS oversees ICE, CBP, and USCIS. It sets immigration enforcement priorities and coordinates policy across agencies.[7]
State and Local Involvement
While immigration enforcement is a federal responsibility, state and local agencies often play a role:
Local law enforcement may hold individuals on ICE “detainers” after criminal arrests.[8]
Some states participate in 287(g) agreements, letting local officers act as immigration agents.[9]
Jails and prisons often serve as points of transfer to federal custody.[8]
This patchwork contributes to inconsistent practices across jurisdictions—and raises legal and ethical concerns about collaboration between local police and federal immigration agents.[10]
2. Key Forms in the Deportation Process
These forms don’t initiate deportation—but they document, justify, and advance it. Each represents a bureaucratic checkpoint: a moment when someone’s presence in the U.S. is questioned, formalized, or contested.
Form I-213 – Record of Deportable/Inadmissible Alien [11]
Often the first form created after an apprehension. Includes personal info, reason for arrest, prior immigration history, and officer notes. Judges may rely on it heavily—especially when no other documents exist.
Form I-862 – Notice to Appear (NTA) [11]
Officially begins removal proceedings. Orders the individual to appear in court, outlines alleged immigration violations, and starts the legal case.
Form I-826 – Notice of Rights and Request for Disposition [12]
Advises individuals of their rights (to counsel, to hearing, etc.) and provides options like expedited removal or contesting charges in court.
Form I-851 – Notice of Intent to Issue a Final Administrative Removal Order [13]
Used in fast-track removals for non-citizens with certain criminal convictions. Skips court hearings unless contested quickly.
Form EOIR-42B – Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents [14]
Filed to request relief from deportation based on factors like hardship, family ties, or long-term residence. Shifts the process from automatic to discretionary.
3. Key Terms & Concepts - The terms used in immigration law and policy are not static. Their meanings and applications can change significantly based on new legislation, court rulings, and shifts in presidential administration priorities. The definitions below reflect the standard understanding as of our last update, but the reality on the ground is constantly evolving.
Apprehension
The act of arresting or detaining a noncitizen for suspected immigration violations—usually by Border Patrol or ICE. [15]
Voluntary Departure
When a person agrees to leave the U.S. at their own expense and without a formal removal order. Often granted to avoid future legal bars to reentry. [16]
Expedited Removal
A fast-track deportation process for certain individuals caught near the border without valid documents. No court hearing is required. [17]
Detainer ("ICE Hold")
A written request by ICE asking local law enforcement to detain someone for up to 48 hours after their release, to allow ICE to take custody. [18]
Credible Fear Interview
The initial screening interview for asylum seekers, where they must show a “credible fear” of persecution or torture if returned home. [19]
Asylum
A form of legal protection available to individuals who are already in the United States or are at a port of entry, and who meet the legal definition of a "refugee." To qualify, an applicant must prove they have suffered persecution or have a well-founded fear of future persecution based on five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. [20]
Bond
An immigration bond is a financial guarantee paid to the U.S. government to secure the temporary release of a detained immigrant. [21]
Notes
[1] National Immigrant Justice Center, "A Timeline of the First Trump Administration’s Efforts to End Asylum," immigrantjustice.org, January 14, 2021, https://immigrantjustice.org/a-timeline-of-the-first-trump-administrations-efforts-to-end-asylum/
[2] U.S. Immigration and Customs Enforcement. What ICE Does. https://www.ice.gov/about-ice
[3] U.S. Customs and Border Protection. Mission and Responsibilities. https://www.cbp.gov/about
[4] OFO – Office of Field Operations https://careers.cbp.gov/s/career-paths/ofo
[6] Executive Office for Immigration Review. EOIR at a Glance. https://www.justice.gov/eoir
[7] Department of Homeland Security. Organizational Overview. https://www.dhs.gov/organization
[8] ICE Immigration Detainers. ICE – Immigration Detainers
[9] Delegation of Immigration Authority ICE – 287(g) Program Overview
[10] Immigrationforum.org https://immigrationforum.org/article/explainer-u-s-immigration-detention-and-custody-standards/#:~:text=ICE%20also%20has%20contracts%20with,system%20in%20which%20standards%20vary
[11] Form I-213 Record of Deportable/Inadmissible Alien, Form I-862 Notice to Appear https://www.justice.gov/d9/2024-09/02._sept_24_descriptions_of_forms_and_supporting_documents.pdf
[12] Form I-826 – Notice of Rights and Request for Disposition https://www.ice.gov/doclib/foia/dro_policy_memos/09684drofieldpolicymanual.pdf#:~:text=Forms.%20You%20may%20use%20Form%20I%2D826%2C%20Notice,in%20Service%20custody%20who%20is%20departing%20immediately
[13] Form I-851 – Notice of Intent to Issue a Final Administrative Removal Order https://www.justia.com/immigration/deportation-removal/deportation-without-a-hearing/#:~:text=qualify%20for%20protection.-,Administrative%20Removal,in%20regular%20removal%20proceedings%20instead.&text=A%20foreign%20national%20may%20be%20able%20to%20defeat%20administrative%20removal,of%20removal%20do%20not%20apply.&text=Green%20Cards%20and%20Lawful%20Permanent,Residence%20Without%20Leaving%20the%20U.S.
[14] Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (EOIR-42(b)) https://www.gands.com/en-us/u-s-immigration/risk-management/individuals/cancellation-of-removal-and-adjustment-of-status/
[15] Immigrant Apprehension Laws https://www.legalmatch.com/law-library/article/immigrant-apprehension-laws.html
[16] Voluntary departure https://immigrationequality.org/asylum/asylum-manual/immigration-basics-voluntary-departure/
[17] Expedited removal https://immigrationforum.org/article/expanded-expedited-removal-what-it-means-what-do-know/#:~:text=Expedited%20removal%20is%20a%20procedure,a%20legal%20challenge%20in%20court.
[18] Detainer ("ICE Hold") https://www.aclu.org/issues/immigrants-rights/ice-and-border-patrol-abuses/immigration-detainers
[19] Credible Fear Interview https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/credible-fear-screenings#:~:text=Exception%20for%20Aliens%20Seeking%20Asylum,the%20%E2%80%9Cdefensive%E2%80%9D%20asylum%20process.
[20] U.S. Citizenship and Immigration Services, "Asylum," USCIS.gov https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
[21] Immingration Bond https://immigration.amistadbailbonds.com/post/understanding-the-immigration-bond-process
A Note on Building This
This page wasn’t generated automatically—and it didn’t come together overnight. Every piece of information was double-checked by both human and AI. Along the way, some sources were broken. Others were inaccurate or flat-out wrong—even when provided by the AI. We caught them. We fixed them. Because getting it right matters. This collaboration—between our team and AI—isn’t flashy. It’s careful. It’s skeptical. And it’s exactly the kind of partnership we believe AI should have with people: not replacing the work, but deepening it. We don’t just cite sources. We hold ourselves to them.
That’s the real work of AI For The People.