Immigrants & Immigration

Warning: Some of this information may become outdated as more 2025 executive orders are issued or as the current administration releases updated guidance. Please consider consulting a lawyer if you have questions about your situation. You can also read the President’s executive orders.

Deportation (removal) is when the government forces a person to leave the country. This could be because the person broke the law. A person is inadmissible or deportable when they have done something that could lead to deportation. If someone is in the U.S. without legal immigration status, they can be deported just for being here.

You should talk to an immigration lawyer:

• Before applying for any immigration benefit, including a visa or green card,
• If you've received a document that says you must go to immigration court, or
• If you think you could be inadmissible or deportable.

This area of law is complicated and mistakes can be serious.

What is the difference between bring inadmissible or deportable?

If a person is inadmissible, they would not be allowed to enter the U.S. if they try to enter. A person may be inadmissible even if they are already in the U.S. if they came in without any papers. 

A person can be deportable if they came into the U.S. after inspection at the border and later had problems in the U.S. These problems can include criminal convictions or using fake documents.

Both inadmissible and deportable people can be deported. 

What makes you inadmissible or deportable?

Some common grounds of both are:

• Criminal convictions,
• Prior deportation or removal,
• Being in the U.S. without lawful status,
• Voting, if you are not a U.S. citizen,
• Falsely saying you are a U.S. citizen, or
• Terrorism.

Note: Using marijuana or cannabis is illegal at the federal level. This is true even though it is legal in the state of Illinois.

What happens if I am inadmissible or deportable?

When you apply for a visa, green card, or citizenship, you will be fingerprinted. The government will use these to do a background check. If they find out you are inadmissible or deportable, you may be deported.

Some people may be able to apply for a waiver A document that gives up a legal right or excuses a requirement of inadmissibility. These waivers are complex and require many documents. You should speak with an attorney before applying for a waiver.

There are special protections for certain types of deportation proceedings. If you fear going back to your country, you may qualify for these protections. If you or someone you know has been detained, or if you want to find out if you qualify for certain protections, contact the National Immigrant Justice Center (NIJC).

Will I be detained if I am inadmissible or deportable?

Immigration law says that most people who have been found guilty of a crime must be detained while they are in removal proceedings. This is true even if you have a defense against deportation. Under new U.S. law, you can also be detained even if you have only been charged with a crime.

Few people in removal proceedings with criminal convictions are eligible for bond. Your bond in an immigration case will be at least $1,500, and you must pay all of it. Learn more about being detained by immigration or ICE.

Help for noncitizens facing deportation in Cook County

The Cook County Public Defender's Immigration Division helps noncitizens in Cook County with deportation cases.

• Non-detained: You may qualify for free legal help if you or a loved one has a case in Chicago Immigration Court and has been represented by the Cook County Public Defender in another case.
• Detained: Free legal help is available for noncitizens in ICE custody who have ties to Cook County and a case in Chicago Immigration Court.

To get help, email [email protected] or call 312-603-0636 on Wednesdays between 9 a.m. and 11 a.m.

Expedited removal

Expedited removal is a process where the government can deport certain noncitizens without a court hearing When the parties in a case present their sides of a case to a judge or other officer . Previously, it was mostly used at the border for recent arrivals.  People can be deported without a chance to present their case, contact a lawyer, or gather evidence Anything used to show that something is true . Before, it was mostly used near to the border for recent arrivals. Now, DHS can apply expedited removal anywhere in the U.S. to undocumented people who have been in the country for less than two years.

Learn more about expedited removal through a toolkit published by the Immigrant Legal Resource Center.