What is a removal order?
A removal order (sometimes called deportation or a deportation order) is a notice that says you must leave the country.
- A removal order is decided by an immigration official from the Department of Homeland Security (DHS) OR a judge from immigration court.
- A removal order is enforced by U.S. Immigration and Customs Enforcement (ICE).
What does the removal process look like?
- 👮 ICE picks up the person who has received the removal order.
- 🚔 ICE transfers that person to detention (if they are an adult) or an Office of Refugee Resettlement shelter (if they are a minor).
- 🛂 Removal logistics will be organized, which usually involves organizing travel documents and flights with the person’s country of origin.
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- Note: There is not set amount of time that this process could take. ICE will try to make this process happen as quickly as possible, but the amount of time it will take depends on many factors (such as the time to get travel documents from the home consul).
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What should I do if I get a removal order?
1. 🙅♀️ Do not ignore it! You may have the opportunity to appeal, but the time to appeal after receiving a removal order is limited (usually you have 30 days to appeal). Ignoring the removal order could cause you to lose your window for appealing.
Note: When you request an appeal, it means that you ask the court to review the decision (usually because you disagree with the decision). A higher court (generally the Board of Immigration Appeals, the BIA, in immigration cases) will review the decision and announce a new decision.
2. ⚖️ Talk to an attorney as soon as possible. An attorney can help you understand your options. Some options may include:
- appealing the decision
- applying for a form of “relief” from removal (for example, asylum, U visas, and T visas are all examples of forms of relief that allow you to stay in the U.S. and not get deported)
- voluntary departure.
However, each of these options has requirements as well as specific consequences. The application processes can be complicated, and the option that you choose may affect your ability to return to the U.S. in the future if you do get deported. An attorney will help you decide on the best way forward, depending on your specific case, and they will make sure that you complete all of the necessary steps.
If you need help finding an attorney, contact us. You can also check out our article, ‘4 Topics to Keep in Mind When Looking for an Attorney.”
3. 👩⚖️ Make sure to go to all court hearings. Not showing up to your hearing at immigration court can be grounds for immediate removal.
Remember that the best way to make sure that you don’t miss any court hearings is to check your case status frequently. If you need help understanding how to check your case status, check out our infographic here.
- Note: If you are 18 or over and you have scheduled ICE check-ins, make sure that you go to ICE check-ins AND immigration court hearings. ICE and Immigration Court are two different things, and it’s important that you don’t miss a meeting with EITHER one (the consequence could be deportation). For more information about this, check out our guide for 18-year-olds (*coming soon*).
What do I do if my sponsor received a removal order?
If your sponsor receives a removal order, then they may no longer have the ability to be your sponsor.
Remember that many of the same rules that apply to you, also apply to your sponsor. Your sponsor may have the option to appeal the removal order. They also might have an option called a stay of removal, which is like a suspension of the removal order. The time to appeal is limited. Your sponsor needs to talk to an attorney as quickly as possible to learn more about these options.
Your sponsor needs to talk to an attorney, and you should talk to an attorney about the situation, too! Other legal options may exist for you. It’s possible that you may be eligible to apply for a different type of visa, or that you could change to a new sponsor.
- Resource for sponsors: If you are a sponsor, check out this guide, ‘Immigrant Safety Plan for Youth and Children.’
As an unaccompanied child or teen, it's important to be prepared for the possibility of your sponsor being taken to detention or deported. This can be frightening, but there are steps you can take to prepare yourself and ensure your safety and well-being. One thing that you can do is to prepare a safety plan. A safety plan includes details that you will decide ahead of time with your sponsor about who to get in touch with and where to go in case of an emergency.
The following are 6 important topics to include in your safety plan:
⏹️📞 Have a list of emergency contacts that include trusted adults that you can reach out to in case of an emergency.
- Talk to your sponsor ahead of time about who your emergency contacts will be. Is there someone that you can call to come pick you up if your sponsor is taken into detention? Is there someone that you can stay with? Make sure you save the contact information of your emergency contacts in a safe place. If you can, memorize at least one phone number that you can call.
⏹️⚖️ Learn how to contact your attorney. If you have an attorney, memorize their phone number or keep their contact information safe and nearby.
⏹️📄 Keep important documents in a safe place. Make sure to keep all your important immigration documents in a safe place and make copies of them. Some of these important documents are birth certificates, passports, notice to appear (NTA), verification of release (VOR) form, work permits, other immigration papers related to your immigration case, etc.
- Note: It’s also a good idea to leave a copy of these documents with your trusted emergency contacts, or to let them know where they can find them if needed.
⏹️💵 Save up emergency money. Keep some cash and/or a debit card with you in case of emergency.
⏹️⛑️ Find out what social services are available in your area. There may be free or low-cost resources for food, shelter, counseling, healthcare, etc. If you need help finding resources in your community, reach out to us or check out our service map.
⏹️🪪 Make sure that you know your sponsor’s personal/immigration information, like their full name, birthdate, country of birth, and A-number, so that you will have a better chance of finding out where they are if they are taken into detention.
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To find someone taken into ICE custody, you can try using the ICE Locator tool. To use the tool, go to this website and enter the personal information of the person you are looking for.
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- Note: The locator can NOT search for anyone under the age of 18.
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Note: Download a Safety Plan PDF in English or Spanish at the bottom of this article.
Sponsor detention or removal can be really frightening for everyone involved. Remember that there are many people and organizations that exist to help you navigate the situation and to stay safe. If you need help finding resources, organizations, or an attorney, reach out to us!
Sources:
The Law Office of Mariana Toledo-Hermina, LLC. What to do if you Receive a Deportation Order. https://urbinalawfirm.com/en/what-to-do-if-i-have-a-deportation-order/
Modern Law Group. (2024). Deportation and Removal from the United States. https://www.lawofficeimmigration.com/deportation-and-removal-from-the-united-states.html
Florence Project. (October, 2011). How to Apply for Voluntary Departure. https://www.justice.gov/sites/default/files/eoir/legacy/2013/01/22/Voluntary%20Departure%20-%20English%20%2813%29.pdf
American Immigration Council. (August, 2022). The Removal System of the United States: An Overview. https://www.americanimmigrationcouncil.org/research/removal-system-united-states-overview
USA.gov. (September, 2024). Understanding the Deportation Process. https://www.usa.gov/deportation-process
Urbina Law Firm. (May, 2024). What to do if you have a Deportation Order? https://urbinalawfirm.com/en/what-to-do-if-i-have-a-deportation-order/#:~:text=Una%20orden%20de%20deportacion%20es,UU.