Deportation Defense
Written in plain language for general understanding. This is educational content, not legal advice. Based on federal statutes and official sources.
What is this right?
If the government wants to deport you, you have the right to a hearing before an immigration judge in a process called removal proceedings under INA § 240 (8 U.S.C. § 1229a). This is your chance to present your case, challenge the charges against you, and apply for relief from deportation.
Several forms of relief may allow you to stay in the United States, including cancellation of removal, voluntary departure, asylum defense, motions to reopen, and bond hearings. An immigration judge must consider your case individually — deportation is not automatic.
When does it apply?
This right applies when:
- You receive a Notice to Appear (NTA) — the charging document that starts removal proceedings under INA § 239
- ICE has detained you and placed you in deportation proceedings
- You have a final order of removal and want to appeal or reopen your case
- You are in "expedited removal" and want to challenge it
- You are detained and want to request a bond hearing before an immigration judge
Key forms of relief:
- Cancellation of removal: Available to people who have lived in the U.S. for 10+ continuous years, have good moral character, and can show exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent, or child (INA § 240A(b)).
- Voluntary departure: Allows you to leave the country at your own expense within a set time, avoiding a formal removal order on your record (INA § 240B). This preserves some future immigration options.
- Asylum defense: If you are in removal proceedings, you can apply for asylum as a defense against deportation (defensive asylum). See our Asylum Rights page for details.
- Motions to reopen: If you received an in absentia removal order or if circumstances have changed, you may file a motion to reopen your case under INA § 240(c)(7).
- Bond hearings: If you are detained, you may request a bond hearing before an immigration judge. The judge will decide whether to release you on bond (usually $1,500 or more) or keep you detained under INA § 236.
What should you do?
Step 1: Get a lawyer immediately. Find free or low-cost immigration legal help through the EOIR list of pro bono legal service providers at justice.gov/eoir or call the National Immigration Legal Services hotline at 1-800-354-0365.
Step 2: Attend every court hearing. Write down your court date, time, and location as soon as you receive your Notice to Appear. Check your hearing date by calling the EOIR automated hotline at 1-800-898-7180 with your A-number.
Step 3: If detained, request a bond hearing. Your lawyer can ask the immigration judge to set bond so you can be released while your case proceeds. Bring evidence of community ties, employment, and family relationships.
Step 4: Explore all forms of relief with your lawyer. Common options include: cancellation of removal, asylum, adjustment of status, withholding of removal, and protection under the Convention Against Torture (CAT).
Step 5: Gather evidence. Collect documents that support your case: proof of how long you have lived in the U.S., tax returns, children's school records, community involvement, letters from employers and community members, and any evidence of hardship to U.S. citizen or permanent resident family members.
Step 6: If you lose, appeal to the Board of Immigration Appeals (BIA) within 30 days of the judge's decision by filing Form EOIR-26. You can then petition for review to the federal circuit court of appeals within 30 days of the BIA decision.
What should you NOT do?
Don't ignore the Notice to Appear (NTA). This is the most important document in your case. Read it carefully and bring it to every meeting with your lawyer.
Don't agree to voluntary departure unless you understand the consequences. Voluntary departure avoids a formal removal order on your record, but it means leaving the country within a specific deadline. If you fail to leave by the deadline, you face a fine of $1,000–$5,000 and a 10-year bar. Discuss this option carefully with a lawyer.
Don't skip your court date. Missing an immigration court hearing results in an in absentia removal order under INA § 240(b)(5). If you cannot attend, ask your lawyer to request a continuance in advance.
Don't try to represent yourself if you can avoid it. Studies show that immigrants with lawyers are up to 5 times more likely to win their cases than those without representation. Seek legal help.
Don't sign anything without understanding it. If ICE presents you with documents in a language you do not understand, do not sign them. Request an interpreter and ask for a lawyer.
How California differs from federal law
California provides significant protections and resources for immigrants facing deportation:
- California Values Act (SB 54, Gov. Code § 7284): Limits state and local law enforcement from notifying ICE about release dates, transferring individuals to ICE, or allowing ICE access to interview people in state or local custody — reducing the pipeline from local jails to deportation.
- CA TRUST Act (AB 4, Gov. Code § 7282–7282.5): Prohibits local law enforcement from honoring ICE detainers unless the individual has been convicted of a serious or violent felony. This prevents local jails from holding people for ICE pickup.
- One California / ISFA funding: California funds free legal representation for immigrants in removal proceedings through qualified nonprofit organizations. Over $100 million has been allocated since 2015 for immigration legal services.
- AB 263 anti-retaliation (Labor Code § 1019): Prohibits employers from threatening workers with deportation or ICE referral in retaliation for exercising rights. This can be relevant when employer retaliation triggers or complicates removal proceedings.
- Racial and Identity Profiling Act (AB 953): Requires law enforcement to collect and report data on stops, including perceived race and immigration status inquiries, which can be used to challenge discriminatory enforcement.
Additional Steps in California
Find free legal help through the California Immigration Legal Services Directory at immigration.ca.gov or call 211. Contact your county's public defender office or the ACLU of California if you are detained. File complaints about ICE cooperation violations with the California Attorney General.
Relevant Law: SB 54 (California Values Act, Gov. Code § 7284), AB 4 (TRUST Act, Gov. Code § 7282–7282.5), AB 263 (Labor Code § 1019), AB 953 (RIPA, Gov. Code § 12525.5)
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