Overview of the Removal (Deportation) Hearings Process

Formerly referred to as "deportation," removal is the process of the U.S. government determining that an alien—that is, a non-U.S. citizen, whether in the U.S. illegally or with a green card—must be sent from the United States to their home country or (in rare cases) a third country.

The removal or deportation process is complicated, and the stakes are high. Legal representation is essential to develop a defense strategy, preserve the rights of the foreign national (so-called "alien"), and present the best case possible in immigration court.

How Removal Hearings Are Begun Against a Non-Citizen

The Department of Homeland Security (DHS) is responsible for commencing a removal proceeding, often through its Immigration and Customs Enforcement Division, chillingly known as ICE.

There are numerous ways in which a non-citizen might come to the attention of U.S. immigration authorities. These include anything from a phoned-in tip that the person is in the U.S. illegally (though follow-up on these is less common than one might think) to a workplace raid to a check on the immigration status of people in jail to a failed application for asylum, a green card, or even naturalization (U.S. citizenship). (Being denied U.S. citizenship is not grounds for removal by itself, but during the process, a criminal conviction or other grounds for removal could come to light.)

DHS must serve the alien with a Notice to Appear (NTA) before an immigration judge. It must inform the person of:

• the nature of the proceedings
• the alleged grounds for removal
• the person’s right to hire an attorney (at personal expense), and
• the consequences of failing to appear at scheduled hearings.

Removal hearings are held before immigration judges (IJs) across the United States, under the auspices of the Executive Office for Immigration Review (EOIR). They can be held either in person, telephonically, or via videoconference, using a system called "Webex." The IJ will need to determine whether the non-citizen's actions or lack of immigration status make the person removable from the United States, or whether to grant any legal or discretionary relief.

The First Hearing: Master Calendar or Scheduling

The first hearing that the non-citizen must attend (in person, unless otherwise arranged) is known as a master calendar or scheduling hearing. You do not need an attorney at this hearing, though it would be best to bring one. For an idea of what the immigration judge will say and do during this hearing, you can check the judges' Master Calendar Hearing section of the EOIR Policy Handbook.

It is extremely important to attend this first hearing, even if you don't have an attorney representing you and don't know whether you have any realistic defense to removal. If you fail to attend this or any EOIR hearing, an automatic order of removal will be issued against you. The consequences of such an order are severe. Most notably, you will be unable to return to the U.S., with any sort of visa, for 10 years.

By contrast, if you appear in court despite having no defense to removal, you might be able to negotiate for what's known as "Voluntary Removal," or VR (also sometimes called Voluntary Departure). The future consequences of this method of leaving the United States are much less severe than actually being deported. VR basically means that you admit to having no legal right to remain in the United States and agree to depart on your own, thereby saving the U.S. government any further trouble, and keeping your record free of a removal order.

Of course, you don't want to accept VR if you do have some legal basis upon which to remain in the United States. Even after having been placed into removal proceedings, you might be able to qualify for a green card (or argue to keep your green card) based on such grounds as

• marriage or another close family relationship to a U.S. citizen
• asylum (based on a fear of persecution in your home country owing to your race, religion, nationality, membership in a particular social group, or political opinion)
• cancellation of removal (available to people who have lived in the U.S. for 10 years, shown good moral character, and can demonstrate that their removal would cause exceptional and extremely unusual hardship to their spouse, parent, or child who is a U.S. citizen or lawful permanent resident), or
• showing that DHS was wrong about you being removable in the first place; for example, that the nature of a crime you were convicted of wasn't as serious as alleged, and that you should be allowed to keep your green card.

The above are just a sampling of the possible defenses to removal. You'll want to talk to an immigration attorney for a full review of your case. At the master calendar hearing, you'll be able to tell the judge what sort of defense you expect to mount, and schedule a date for your merits hearing.

The Merits Hearing(s) in Immigration Court

If you and your lawyer have a strategy to defend you against removal, you will (unless your lawyer arranged otherwise) present your case at the merits hearing. You will be allowed to testify on your own behalf, with your lawyer asking the questions. You will also have to be cross-examined by an attorney for DHS. In addition, you can present witnesses and exhibits, such as photographs and sworn statements by people who know about your case or are experts in a relevant topic area.

For example, if you were defending yourself against removal by claiming asylum, you would probably want to testify about your fear of persecution in your home country, present documents about the conditions in your country, include proof that you are a member of a persecuted group and were injured or discriminated against, and perhaps get an expert about that country to testify on your behalf.

All such documentation should be submitted to the court and the government attorney in advance. The judge will set deadlines for when everything is due. Also bring hard copies to the hearing or, if appearing via videoconference, have all of them scanned and readily available in case the judge needs to quickly see them again or can't find something in the file.

Can You Be Arrested During an Immigration Court Hearing?

In the past, the possibility of filing a post-hearing appeal meant that, even if a case is denied, it was unusual for agents from Immigration and Customs Enforcement (ICE) to arrest the foreign national on the spot and place them in immigration detention. The most likely scenario was that new information had come to light indicating that the person had an unknown record of serious crimes or security violations.

Nevertheless, such arrests are happening with increasing frequency.

For one thing, the EOIR changed its policies in early 2025. Before, it restricted ICE and Customs and Border Protection (CBP) officer from making arrests on or near EOIR-controlled spaces, such as in the immigration courts. Now, that is no longer true.

Another new tactic involves the attorney for the government suggesting that the case be "dismissed," or closed. The foreign national might agree, thinking that this will end the matter. But it often only opens the door to immediate arrest, particularly if the person can be considered a candidate for "expedited" or speedy removal.

The risk is obviously less for someone who attends a hearing virtually.

Help From an Experienced Attorney

Non-citizens are not entitled to free legal representation in immigration court. If you cannot afford an attorney to represent you, contact local nonprofit organizations, which might be able to help you at a reduced cost. In order to achieve a desirable outcome in a removal case, a lawyer's help is typically a necessary cost.