How do DHS, ICE and CBP define and report 'removals' versus 'returns' and 'voluntary departures'?
Executive summary
DHS, ICE and CBP use distinct legal categories—“removals,” “returns,” and “voluntary departures”—that differ in formality, consequences, and which agency records them: removals are formal orders that carry reentry consequences and are tracked as removals; returns are administrative or border-level movements back across the border without a removal order; and voluntary departures are time-limited, self-funded exits granted to avoid a formal removal order, with penalties for failure to comply [1] [2] [3]. Agencies publish overlapping but not identical statistics, so headline “deportation” numbers often bundle these different categories together, producing confusion about what was actually ordered by a court versus administratively recorded at the border [4] [5].
1. How DHS defines “removals” and what that means in practice
DHS defines removals as the compulsory and confirmed movement of an inadmissible or deportable noncitizen out of the United States based on an order of removal, and a removal typically carries administrative or criminal consequences for subsequent reentry [1]. Removals include formal processes such as regular removal orders, reinstatements of prior removal orders, and expedited removal where an order can be issued without a full immigration-judge hearing in certain border and zone contexts [2] [6].
2. What “returns” are — rapid, administrative, and border‑centric
Returns, by DHS and CBP definitions, are confirmed movements of inadmissible or deportable aliens out of the U.S. that are not based on a removal order; they include voluntary returns, withdrawals of applications for admission, crew members required to remain aboard ships, and other administrative returns often handled at ports of entry or immediately after apprehension [2] [1]. Returns are generally quicker, often do not involve an immigration judge, and are commonly used for encounters at or very near the border [7] [2].
3. Voluntary departure: a judicial or DHS-authorized option to “self‑exit”
Voluntary departure permits a person found removable to leave the United States at their own expense within a set timeframe, either granted by an immigration judge or by DHS under certain conditions, and exists to allow departure without a final removal order if the individual meets eligibility requirements and departs on time [3] [6]. If a person granted voluntary departure fails to leave by the deadline, the grant may convert into a removal and carry fines and bars to relief; conversely, departing on time can avoid the formal removal order and preserve some future immigration options [8] [3].
4. How ICE and CBP report these categories — overlapping datasets and different emphases
ICE and CBP both report “removals” and “returns,” but their datasets are produced separately and can be aggregated differently by DHS’ Office of Immigration Statistics, which publishes combined tables that note removals versus returns and classify certain border processes as “administrative returns” [5] [1]. ICE’s internal removal statistics may include returns, voluntary departures and withdrawals under docket control, meaning media or official tallies that cite a single “deportation” number can mix judicial removals, CBP returns, and voluntary departures unless the underlying breakdown is shown [4] [2].
5. Why the distinctions matter — legal effects, future bars, and public understanding
The difference between a removal order and a return or voluntary departure has real legal consequences: removals often trigger statutory bars to reentry and carry enforcement consequences, whereas voluntary departures can avoid a removal order if complied with but impose other risks (fines, loss of relief if terms are violated), and returns may carry limited sanctions but are administratively different from a court-ordered removal [1] [3] [7]. Because DHS reporting aggregates multiple processes and CBP/ICE split responsibilities, public and journalistic references to “deportations” can obscure whether someone received a removal order, accepted a voluntary departure, or was turned back at the border — an ambiguity highlighted in critiques of headline DHS tallies [4] [5].