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What is the process for deporting criminals with a proven record from the USA?
Executive summary
Deportation of noncitizens with criminal records typically begins with identification by DHS, leads to either expedited administrative removal or formal removal proceedings before an immigration judge, and often results in detention and eventual removal if the individual is found removable; aggravated felony convictions make relief from removal very difficult or unavailable (see [4], [6], p1_s3). The process can be fast for recent arrivals under "expedited removal" or lengthy for others — immigration courts can take years, and final removal orders enable near-immediate deportation [1] [2].
1. How people enter the deportation pipeline: arrests, convictions, and DHS review
Deportation proceedings usually begin when an individual is identified by law enforcement or immigration authorities after arrest or conviction; DHS assesses whether the person is removable under statutes that list crimes (including “aggravated felonies,” crimes involving moral turpitude, drug or firearm offenses) and then decides whether to place them in removal proceedings or use expedited procedures [3] [4] [5].
2. Two main tracks: expedited/administrative removal vs. immigration court
There are two principal enforcement tracks. Recent arrivals and certain non-permanent residents may be subject to expedited or administrative removal, which can proceed without a judge’s full hearing and moves quickly [6] [1]. Others are placed in formal removal proceedings before an immigration judge where the respondent can contest removability and seek relief, a process that can take weeks to many years [7] [2].
3. The role of “aggravated felony” and how it changes outcomes
If an immigration judge or DHS determines someone has an “aggravated felony” conviction under immigration law, that status typically bars many forms of relief and makes removal highly likely; immigration law defines aggravated felonies broadly and sometimes includes offenses states treated as misdemeanors, creating consequences that are often irreversible [3] [5] [1].
4. Detention, alternatives, and the practical timeline
People facing removal for criminal convictions are often detained by ICE while their cases proceed; alternatives such as ankle monitors or check-ins exist but detention remains common, especially for aggravated felons [8] [9]. The timeline varies: expedited removal can be swift, while court-based cases can stretch for years due to backlogs and appeals — but once a final removal order exists, deportation can occur promptly [2] [9].
5. Appeals, relief, and discretionary defenses — limited options for some
Noncitizens in removal proceedings can seek relief (cancellation, asylum, waivers) and can appeal adverse decisions, but those with aggravated felony convictions face much narrower options and in many cases are barred from relief; USCIS or immigration judges exercise discretion in some cases but statutory bars apply for certain convictions [3] [1].
6. Transport and final removal: practical mechanics and costs
When removal is carried out, the government usually transports deportees by air at U.S. government expense, sometimes combining air and ground travel; agencies plan logistics after a removal order is final or when administrative authorities execute expedited removals [10] [4]. Reporting and analyses also highlight that deportation is resource-intensive and that governments sometimes prioritize “felons” or national-security threats when allocating enforcement resources [10] [9].
7. Disagreement and controversy in the sources: definitions, due process, and scope
Advocates and policy groups dispute how broadly immigration law defines aggravated felonies and object to deportations without meaningful hearings; immigrant-rights organizations say the category can sweep in old or minor convictions and result in summary deportation without individualized consideration [11] [6]. Government sources emphasize statutory lists and enforcement priorities; legal commentators note courts and DHS often interpret definitions differently, producing contentious outcomes [5] [3] [1].
8. What the sources don’t fully cover (limitations)
Available sources do not mention specific step‑by‑step paperwork forms or the precise checklists DHS agents use in every removal decision; they also do not provide a single timeline applicable to every case because backlogs, appeals, and administrative choices vary widely (not found in current reporting). For case-specific legal strategy or forms, the sources advise consulting an immigration attorney or official agency guidance [4] [7].
9. Practical takeaway for readers concerned about criminal convictions and immigration status
If you or someone you know faces removal tied to criminal convictions, key facts from the sources are: aggravated felonies make relief unlikely [3] [5], expedited removal can be very fast for recent entrants [6] [1], and detention is common though alternatives exist [8] [9]. Given the complexity, both government pages and legal guides underscore obtaining specialized immigration counsel early to preserve appeal and relief options [4] [7].