How the Deportation Process Starts: A Complete Guide

For individuals residing in the United States without lawful status, or those who have committed certain immigration or criminal violations, the threat of deportation—or removal—can be daunting. Knowing exactly how the deportation process begins is critical. This article explains the purpose of deportation, who might be subject to it, how the process starts, and how legal support—like that provided by Accura Immigration Firm—can make a difference from the start.

The deportation process in the U.S. begins when Immigration and Customs Enforcement (ICE) arrests or investigates a non-citizen, followed by the issuance of a Notice to Appear (NTA). This triggers immigration court proceedings, where individuals may face removal for visa violations, crimes, or unlawful presence. Key steps include court hearings, potential detention, and available legal defenses. With expert guidance from Accura Immigration Firm, individuals can pursue relief options such as asylum, waivers, or cancellation of removal. Accura offers aggressive defense, bond motions, and appeals to protect your future and fight against unjust deportation.

Purpose of Deportation Enforcement

1. Enforcing U.S. Immigration Laws

The U.S. government uses deportation to ensure compliance with immigration laws, removing those who have no lawful right to remain in the country.

2. National Security and Public Safety

Deportation can serve to remove individuals involved in criminal activities, fraud, or threats to public safety.

3. Border Integrity and Policy Enforcement

Removal serves as a measure to uphold lawful entry and discourage immigration violations, maintaining structured pathways for immigration.

Who is Subject to Deportation?

Several categories of individuals may be at risk of deportation, including:

• Undocumented immigrants who entered without inspection.

• Visa holders who overstayed or violated visa terms.

• Lawful permanent residents (green card holders) convicted of certain crimes.

• Immigrants involved in fraud or misrepresentation.

• Individuals with denied immigration benefits (e.g., asylum or adjustment of status).

How the Deportation Process Begins

A. Arrest or Investigation by ICE

Immigration and Customs Enforcement (ICE) may begin enforcement action after:

• A workplace raid or home visit.

• Information from other government agencies.

• Routine traffic stops or law enforcement encounters.

• Denial of an immigration benefit by USCIS that exposes unlawful presence.

B. Issuance of a Notice to Appear (NTA)

Deportation officially begins when ICE or DHS issues a Notice to Appear (NTA). This document outlines:

• The alleged violations of immigration law.

• Basic facts about the individual.

• A requirement to appear in immigration court.

The NTA marks the beginning of legal proceedings before an immigration judge.

ICE Custody and Detention

After the NTA is issued, ICE may:

• Detain the individual in immigration custody.

• Release the individual on bond or on their own recognizance.

• Monitor through alternative-to-detention programs.

Whether detained or released, the deportation process moves forward through the court system.

Role of the Immigration Court

Once the NTA is filed with the Executive Office for Immigration Review (EOIR), the individual’s case is placed on the court docket. There are two types of hearings:

1. Master Calendar Hearing

This is the first hearing in immigration court. It is procedural and covers:

• Confirming receipt of the NTA.

• Advising of the right to legal counsel.

• Setting future hearing dates.

• Determining whether the individual is seeking relief from removal.

2. Individual Hearing

This hearing is similar to a trial, where both the government and the immigrant present evidence. The judge will:

• Review witness testimony.

• Consider documentation.

• Make a final decision on the removal or any requested relief.

Legal Defenses Against Deportation

Several legal avenues may be available to fight removal, including:

• Asylum or withholding of removal.

• Cancellation of removal for permanent or non-permanent residents.

• Adjustment of status based on family or employment.

• Protection under the Violence Against Women Act (VAWA).

• U visa or T visa for victims of crimes or trafficking.

• Prosecutorial discretion, motions to terminate, or appeals.

An experienced attorney from Accura Immigration Firm can help identify which defense applies.

Each step involves critical legal decision-making. Timely representation is essential.

Accura Immigration Firm: Defense from Day One

Accura Immigration Firm provides end-to-end legal support during deportation proceedings:

• Immediate legal consultation after arrest or NTA issuance.

• Bond hearings to secure release from detention.

• Representation at master and individual hearings.

• Filing applications for relief (asylum, cancellation, waivers).

• Appeals and motions to reopen or reconsider removal orders.

• Coordination with criminal defense attorneys when applicable.

Accura’s team includes multilingual, culturally sensitive professionals who understand the urgency and complexity of removal proceedings.

What to Do If You Receive an NTA

1. Do Not Ignore It – Failing to appear in court can result in an automatic removal order.

2. Contact a Lawyer Immediately – The earlier you involve legal counsel, the better your chances of success.

3. Gather Documentation – Identity documents, family records, criminal records, proof of residence, and evidence of hardship.

4. Prepare a Defense Strategy – With the help of your attorney, identify the most applicable relief options.

Appeals and Final Orders of Removal

If the immigration judge issues a removal order:

• You may file an appeal with the Board of Immigration Appeals (BIA).

• In some cases, you may also appeal to the federal circuit court.

• Motions to reopen or reconsider may be filed if new evidence or errors exist.

Accura Immigration Firm handles appeals thoroughly, aiming to prevent deportation through every available legal channel.

Detention Conditions and Bond

Being detained does not mean your case is over. Accura helps detained clients:

• File bond motions.

• Request bond redetermination hearings.

• Present family and community support documentation.

• Advocate for release based on hardship or humanitarian grounds.

Early release often improves the ability to gather evidence and prepare for hearings.

Importance of Legal Representation

Studies show that immigrants with attorneys are significantly more likely to:

• Win relief from removal.

• Be released on bond.

• Avoid in absentia removal orders.

• Successfully appeal unjust decisions.

Accura Immigration Firm prioritizes communication, responsiveness, and client education—empowering individuals during a vulnerable time.

Preventive Strategies

Even before an NTA is issued, Accura helps clients avoid deportation by:

• Correcting visa overstays.

• Filing waivers and motions proactively.

• Adjusting status through family or employment.

• Seeking prosecutorial discretion where appropriate.

• Representing clients during USCIS interviews to prevent referrals to ICE.

Summary

The deportation process starts with ICE enforcement and the issuance of a Notice to Appear. This leads to a series of legal proceedings in immigration court, where individuals must defend their right to remain in the United States. The process can be intimidating—but with the right legal representation, individuals can present strong defenses and avoid removal. Accura Immigration Firm provides trusted legal support from the moment proceedings begin through final resolution, offering strategic defense, advocacy, and peace of mind.