Immigrants & Immigration

Stipulated removal and voluntary departure

You can sometimes agree to be deported to get out of detention. You may do so by:

• Signing a “stipulated order of removal” and waiving any court hearing; or
• Asking for a “voluntary departure” during a hearing. 

Stipulated removal

Non-citizens may be offered a stipulated removal while in detention. It is often a bad idea to sign the stipulated removal order. Those who sign waive their rights to hearings before a judge. They also agree to have a removal order entered against them. This is true even if they are eligible to remain in the U.S. or to come back in the future.

The results can be harsh. You may never be able to legally return to the U.S. again. It is a federal felony to re-enter the U.S. following deportation in some cases.

People may choose to sign a stipulated order of removal because they want to get out of detention, but then they are giving up their immigration case and giving up their due process rights. There can be other ways to get out of detention where you are not signing away your rights. For example, if you post an immigration bond, you leave detention and can still pursue your immigration case.  An immigration lawyer can help you understand your options.

Voluntary departure

Non-citizens in removal procedures may choose a voluntary departure. A voluntary departure allows a non-citizen to leave the U.S. 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.

To get voluntary departure, you have to:

• Ask for voluntary departure on or before the final hearing on the merits of your immigration case,
• Show that you can leave the country and that you have the money to do so, and
• Show that you have good moral character.

When you choose voluntary departure, you have to leave the US at your own expense.  You may also have to pay a bond that should be returned to you once you leave the US.

Before agreeing to be removed from the U.S., you should speak with a lawyer. You should be more careful if you are a lawful permanent resident.