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Are self-deportation and voluntary departure the same thing?
No. Voluntary departure is a recognized legal process. It requires an application and approval by an immigration judge. People convicted of an aggravated felony, or were involved in terrorist activities can’t get voluntary departure.
Self-deportation describes the act of a non-citizen voluntarily leaving the US on their own. No immigration courts are involved. It is not recognized under the law, and can carry complex risks and legal implications.
What is voluntary departure?
Voluntary departure means a person chooses to leave on their own instead of being officially deported. Voluntary departure must be granted by an immigration judge or by the Department of Homeland Security (DHS). Sometimes this happens after a court hearing, and sometimes before. When a person takes voluntary departure, they admit that they can be removed. They do not get an official deportation order on their record. When they leave, they will have to pay their own travel expenses.
Leaving this way can sometimes make it easier to come back legally in the future. Those considering voluntary departure should consult with an experienced immigration attorney.
What is self-deportation?
Self-deportation means leaving the US on your own without going through a process in court. There is no official law that sets out how self-deportation works. Self-deportation is not recognized in law.
According to Immigration and Customs Enforcement (ICE), people in the US without legal status can arrange their own travel and leave at any time. They do not need to tell the US government unless they choose to. Self-deporting does not guarantee that it will be easier to come back in the future.
People considering self-deportation should consult with a trusted immigration attorney.
What is “Project Homecoming”?
Project Homecoming is a new program announced by the Trump Administration on May 9th, 2025. It gives certain immigrants who are not legally in the US a way to leave on their own. They may also get help from the government.
Leaving under Project Homecoming is considered self-deportation, not voluntary departure. This means it does not offer the legal protections that voluntary departure provides. It can still trigger re-entry bars or affect any pending immigration cases.
For those who qualify, Project Homecoming may provide through the Customs and Border Protection (CBP) Home App:
- A free plane ticket and help getting travel documents,
- Transportation to the airport, if needed,
- A $1,000 stipend (“exit bonus”) after the individual proves they left the US,
- Forgiveness of unlawful presence fines, or
- Protection from ICE detention or enforcement while you are preparing to leave.
It is unclear whether these benefits have been provided to people leaving under Project Homecoming.
Who can self-deport under Project Homecoming and the CBP Home App?
According to DHS, people who may qualify include:
- Non-criminal immigrants in the US without legal status who had an encounter with CBP (at or between ports of entry),
- People with parole whose legal presence has expired or will soon expire,
- Migrants with parole, Temporary Protected Status (TPS), or asylum status,
- People in immigration court proceedings, and
- People who were previously deported.
Project Homecoming is new and still developing. DHS has not provided any guidance on what it means to be “non-criminal.” It is not confirmed how the stipend or other benefits are provided or if this stipend is always provided.
What are the possible legal consequences if someone self-deports?
Self-deportation does not erase unlawful presence or guarantee a way back into the US in the future. Even if an individual leaves through Project Homecoming, the same legal consequences likely apply as if they were deported. If a person leaves while their immigration case is pending, they may trigger an unlawful presences bar to re-entry. This could prevent them from coming back for several years.
Leaving the US while an asylum application is pending is treated as abandoning their application. This means it will likely be denied.
What happens if someone accepts voluntary departure?
If someone accepts voluntary departure, it may be easier to legally return to the US. This is because they will not have been formally ordered to be deported. However, voluntary departure does not guarantee re-rentry into the US. The unlawful presence bars to re-entry may still apply.
Accepting voluntary departure has advantages over having a deportation order on record. For example, a person might be able to apply for a visa to re-enter the US from their home country. Their family members in the US might also be able to request that the government grant them legal entry.
What happens if someone fails to leave on time?
A person must leave the US within the time allowed. If they don't, their voluntary departure will automatically convert into a removal order. They may also face a civil fine between $1,000 and $5,000.
If a person overstays their voluntary departure, they are also barred for 10 years from getting:
- Cancellation of removal,
- Lawful permanent residence,
- Change of status,
- Registry,
- Voluntary departure again.
Do I need a lawyer to self-deport or request voluntary departure?
A lawyer is not required to self-deport or request voluntary departure. Leaving can have serious legal consequences. It’s strongly recommended that individuals consult with an experienced immigration attorney if they are considering either of these options.