Detention & Deportation

About Detention & Deportation

Deportation is the formal removal of a foreign national from the U.S. for violating an immigration law. An immigrant can be at risk of detention and deportation to their country of origin in several different scenarios. This page provides information on laws that cover the detention and removal of immigrants.

Federal Law

U.S. Code, Title 8, Chapter 12, Section 1227. Deportable aliens
This statute discusses different classes of aliens subject to deportation, including those inadmissible at time of entry, those with certain criminal convictions, those who failed to register, and those subject to security considerations.
U.S. Code, Title 8, Chapter 12, Section 1229a. Removal proceedings
Outlines the removal proceedings process. Includes applications for relief from removal.
U.S. Code, Title 8, Chapter 12, Section 1229c. Voluntary departure
Discusses the conditions in which an alien would be permitted by the Attorney General to voluntarily depart from the United States and avoid deportation proceedings.
U.S. Code, Title 8, Chapter 12, Section 1324. Bringing in and harboring certain aliens
Sets out criminal penalties for bringing aliens in illegally to the United States.
U.S. Code, Title 8, Chapter 12, Section 1325. Improper entry by alien
This statute sets out both civil and criminal penalties, including incarceration, for illegal entry into the United States.
U.S. Code, Title 8, Chapter 12, Section 1326. Reentry of removed aliens
This statute sets out criminal penalties for those who have reentered the U.S. without the appropriate permission.

Understanding the Law

These resources provide information about different aspects of detention and removal of immigrants in the United States.

Detention

Immigration Detention 101: Information for Detainees’ Family and Friends
This Nolo article discusses the detention process and how to contact and help a friend or family member who has been detained.
Detention by ICE
This page from Justia, a legal encylopedia, explains detention by ICE and identifies a few different types of bonds that may be used to get out of detention.
Immigration and Customs Enforcement Online Detainee Locator System
ICE's online database for locating a detainee currently in ICE custody.
The Most Prosecuted Federal Offense in America: A Primer on the Criminalization of Border Crossing
This post from Lawfare, a legal blog, covers the specifics of the federal statute criminalizing illegal entry into the United States.
Far more immigration cases are being prosecuted criminally under Trump administration
This post from the Pew Research Center's news blog has a good explanation of the criminal and civil sanctions that can result from violating federal immigration law.

Deportation

Deportation — USA.gov
This page from USA.gov discusses the deportation process, appealing a deportation order, applying for readmission after deportation or removal, how to locate a person held for and immigration violation, and more.
Overview of the Deportation Process: A Guide for Community Members and Advocates
This resource from Immigrant Legal Resource Center gives an orientation to the deportation process and breaks down the four steps that typically happen in an immigrant’s experience with the deportation system.
Grounds of Deportability: When Legal U.S. Residents Can Be Removed
This article from Nolo, a legal encyclopedia, outlines the conditions in which a person may be deported from the U.S.
Crimes That Will Make an Immigrant Deportable
This Nolo article explains what criminal convictions will cause a person who has not left the country after committing the crime to get deported, as well as whether any recourse may be available to the offender.

Know Your Rights

These resources explain the rights of immigrants when dealing with law enforcement, including police and immigration agents.

Know your rights : stopped by police, immigration agents, or FBI
This publication provides an overview of your rights when being questioned or detained by police officers, immigration agents ("ICE"), or the FBI.
Know your rights : a guide to your rights when interacting with law enforcement
This guide provides information for immigrants when dealing with law enforcement.
Know your rights : a presentation for unaccompanied detained minors in Immigration removal proceedings
"Each year, hundreds of unaccompanied children reach the Texas border after fleeing abuse, neglect or persecution in their home countries. Without adequate legal representation, these children remain in detention, unable to navigate the complicated immigration system and facing almost certain deportation. TYLA has partnered with the South Texas Pro Bono Asylum Representation Project (ProBar), to increase awareness, participation and training on this issue, and to provide pro bono legal services to the unaccompanied immigrant children." -TYLA webpage
Know your rights handouts : if ICE visits a home, employer, or public space
This resource provides handouts with information on your rights if you encounter ICE in your home, place of employment, or a public space. The handouts are available in English, Spanish, Chinese, Portuguese, Arabic, Haitian Creole, and Punjabi.

E-Books from the Texas State Law Library

Many of the e-books available through the State Law Library contain forms or drafting guides.These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents can register for a library account online. Signing up is free.

Immigration law and procedure : desk edition
"This is a concise one-volume desk reference covering all the key areas of immigration law and containing appendices with forms and other practical information. Updated two times per year. " - publisher's description
AILA's immigration litigation toolbox : sample motions, pleadings, and memos for immigration court, BIA, AAO, DHS, DOL, and Federal courts
This e-book provides easy-to-use, printable sample forms for immigration lawyers, including motions, pleadings, and memos.
Understanding immigration law
This e-book provides a comprehensive, up to date look at immigration laws and procedures. Updated to include major changes by the Trump administration and important court rulings through 2019, this is a great primer for anyone interested in immigration law. Available as an e-book on OverDrive.
Essentials of immigration law
"Essentials of Immigration Law provides the foundation necessary for an understanding of everything immigration-from the passage of the first immigration-related statute to the current state of affairs. This indispensable reference offers a practical overview of the entire area of U.S. immigration law and will help you comprehend: Labor Certification Consular Processing Citizenship/Naturalization Deportation/Removal/Inadmissibility Waivers Asylum Criminal Violations Family-Based Immigration Employment-Based Immigration Administrative/Judicial Review." - publisher's description
Immigration consequences of criminal activity : a guide to representing foreign-born defendants
This title provides an excellent introduction on how to assist clients who are not U.S. citizens and who have been accused or convicted of a crime.
Know your rights! : answers to Texans' everyday legal questions
Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more.

Immigration Law