Deportation
Laws, regulations, and policies.
Overview
Deportation, now called “removal”, is the process by which a foreign national is ordered to leave the United States for violating federal immigration law. Committing immigration fraud or misrepresentation is one of many reasons why a foreign national may be removed.
Disclaimer: Please be aware that immigration law is one of the most complex bodies of law in the U.S. Code. A single fact can make a world of difference in the applicability of certain laws. Professional legal advice is highly advised before relying on these laws in specific matters.
Statutes
8 U.S.C. § 1226(a) – Mandatory detention
8 U.S.C. § 1227(a) – Deportable aliens
8 U.S.C. § 1229 – Initiation of removal proceedings
Regulations
8 C.F.R. § 236 – Apprehension and Detention of Inadmissible and Deportable Aliens; Removal of Aliens Ordered Removed
8 C.F.R. § 238 – Expedited Removal of Aggravated Felons
8 C.F.R. § 239 – Initiation of Removal Proceedings
8 C.F.R. § 240 – Voluntary Departure, Suspension of Deportation and Special Rule Cancellation of Removal
8 C.F.R. § 241 – Apprehension and Detention of Aliens Ordered Removed
Policies
Executive Orders
E.O. 13993: Revision of Civil Immigration Enforcement Policies and Priorities (Biden, January 20, 2021)
E.O. 13768: Enhancing Public Safety in the Interior of the United States (Trump, January 25, 2017)
E.O. 13767: Border Security and Immigration Enforcement Improvements (Trump, January 25, 2017).
Memoranda
ICE Memorandum (Doyle): Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion
DHS Memorandum (Mayorkas): Guidelines for the Enforcement of Civil Immigration Law (Reinstated by Supreme Court)
View memo / View TX court decision / View Supreme Court decision
DHS Memorandum: Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities
USCIS Memorandum: Guidance for making referrals for deportation (PM-602-0050.1) (Rescinded by Biden)
ICE Memorandum (Howard): Prosecutorial Discretion for OPLA Attorneys
INS Memo on Exercising Prosecutorial Discretion