Immigrants & Immigration

Removal proceedings are what court cases are called in immigration court. The person in removal proceedings is called the “respondent.” They don’t have to be in detention to be required to go to court. Anyone in the US without legal immigration status can be put in removal proceedings just for being here. In some cases, people with lawful status, but who are not US citizens, can be placed in removal proceedings. In some cases, a person won’t be given access to a judge or immigration court in a process called expedited removal.

Deportation is when the government forces a person to leave the country. This usually happens when removal proceedings are over. If a judge decides a respondent is removable from the US, the judge can order their deportation.  A person may be able to make an appeal to the Board of Immigration Appeals to stop from being deported.

Non-citizens in the US might be at risk for deportation for several reasons:

• Being in the US without lawful immigration status,
• Criminal convictions,
• Prior deportation,
• Drug use,
• Voting, if they are not a US citizen,
• Falsely saying they are a US 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.

The government uses two parts of the law to decide if a respondent can be deported: inadmissibility and deportability. These are different legal standards depending on a person’s immigration status. Both people who are inadmissible and people who are deportable can be deported. Many of the laws for inadmissibility and deportability overlap. It is crucial to speak with an immigration attorney to understand which laws apply in their case.

A person is inadmissible if the law says they cannot enter or stay in the US. For example, someone is inadmissible if they try to come into the country without papers. A person already in the US without papers is also considered inadmissible. Even Lawful Permanent Residents (LPRs) can be found inadmissible if they return from a trip outside the US that lasted six months or more.

A person is deportable if they were allowed into the US but later broke certain rules. This can happen if someone is convicted of a crime or uses false documents. Both people who are inadmissible and people who are deportable can be deported. Many of the laws for inadmissibility and deportability overlap. It is crucial to speak with an immigration attorney to understand which laws apply in their case.

To put someone in removal proceedings, the Department of Homeland Security (DHS) must give someone a Notice to Appear (NTA).The NTA is a document that shows the immigration charges against you. It will also state the facts that back up the charges. DHS can serve the NTA by mail or give it to someone in person. The NTA should have the date, time, and place of the first hearing. If the NTA does not, the court will mail a notice with this information.

A person can get a NTA in several ways:

• Getting arrested by Immigration and Customs Enforcement (ICE),
• From US Customs and Border Protection (CBP), when they enter the US at a port-of-entry,
• From US Citizenship and Immigration Services (USCIS) after they deny a person’s immigration application.

Note: All non-citizens must notify immigration agencies and immigration court if they move. This must be done within five business days of an address change. If a person fails to change their address, they will miss important notices from immigration that could have serious consequences. A person in removal proceedings must notify the immigration court of their change in address. If they have a pending benefit application with USCIS, they must also notify USCIS. 

A respondent in removal proceedings must go to immigration court on the date, time, and place listed on the NTA. For someone in immigration detention, the hearing may take place a few months after detention, or sometimes later. For someone not in detention, the hearing may not be scheduled until many years after receiving the NTA. If a person misses their court date, even if it was scheduled many years earlier, the immigration judge (IJ) can order removal without the person present. This carries serious consequences.

People who have lived in the United States without legal status for two years or less may face Expedited Removal. This is different from regular immigration court. In Expedited Removal, the government can deport certain non-citizens without a court hearing. 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. Before, it was mostly used near the border for recent arrivals. Now, DHS can apply expedited removal anywhere in the US 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.

Respondents in removal proceedings may choose a voluntary departure. This is not the same as self-deportation. Voluntary departure must be granted by an immigration judge or DHS. A respondent can only receive the legal benefits of voluntary departure if the judge or DHS approves it.

A voluntary departure allows a non-citizen to leave the US by a certain date without an order of removal on their record. This can protect a non-citizen from the harsh consequences of an order of removal. However, if they don't leave within the time granted, they could face a fine and a ten-year bar.

For non-legal help, contact:

• Illinois Coalition for Immigrant and Refugee Rights (ICIRR)
  • By phone: (855) HELP-MY-FAMILY, or (855) 435-7693. This hotline is staffed by non-legal volunteers who will try to help you with your non-legal questions.

It is important to find a lawyer who regularly handles removal cases. These cases are very difficult, even for experienced lawyers. One way to find a good immigration lawyer is by contacting the American Immigration Lawyers Association (AILA) referral service.

If it’s difficult to pay a lawyer, contact one of these organizations:

• National Immigrant Justice Center (NIJC)
  • Detained immigrants: call NIJC collect at (312) 583-9721 or use the pro bono platform and NIJC’s 3-digit code, 565.
  • For family members calling from outside of detention: (773) 672-6599; Fax: (312) 660-1505 on Tuesdays from 11:00 a.m. to 2:00 p.m.
  • In-person appointments are available by appointment only:
    • National Immigrant Justice Center -  111 W. Jackson Blvd., Suite 800, Chicago, Illinois
    • Heartland Human Care Services - 5715 W. Belmont Ave., Chicago, Illinois
    • National Immigrant Justice Center – Indiana Office - 110 E. Washington St., Goshen, Indiana
  • Asylum seekers in removal proceedings, call the Immigration Court Helpdesk at (312) 660-1328
• Immigrant Justice - The Resurrection Project
  • Immigrant Justice offers workshops for immigrants in Illinois who are impacted by deportation or seeking to apply for specific immigration statuses.
    • Loved ones of detained people can fill out a form to request help.
    • Non-detained people in immigration proceedings can complete an application to sign up for an immigration application workshop.
  • To learn more about immigrants’ options and protections, you can register for a virtual "Know Your Rights" session.

• Illinois Legal Aid Online

  • Use ILAO's Get Legal Help tool to find additional legal aid organizations that may be able to help.

• Note for Cook County residents:
  • The Cook County Public Defender's Immigration Division helps respondents 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 respondents 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.