Understanding the Deportation Process: Key Information from TRP’s Immigration Legal Team
Be Prepared and Stay Protected — March 5, 2025
In our latest Weekly Immigration Update, TRP Immigrant Justice’s Laura Mendoza was joined by TRP Immigration Legal Representatives to provide a comprehensive breakdown of the deportation process, who is a priority for detention, and what individuals can do if they or a loved one find themselves facing removal proceedings.
TRP Legal Representatives Arnoldo Medina and Emma Melton share information about the deportation process and provide legal insights on new policies and common misconceptions.
Who is a Priority For Detention?
Currently, the highest priority includes:
Individuals who have been in the U.S. for less than two years and have not filed an asylum claim.
Individuals with criminal histories, especially those with felony convictions.
However, under the Trump administration’s policies, any person in the U.S. without legal status may be a priority for detention. While it is typically harder to deport someone who has lived in the country for a long time (unless they have a prior removal order), it remains critical to understand your rights.
What Happens When You Are Detained?
1. Contact with ICE or CBP
ICE (Immigration and Customs Enforcement) enforces immigration laws within the U.S.
CBP (Customs and Border Protection) enforces laws at the border and international airports.
If detained, ICE or CBP must prove that you do not have legal status—you do not have to provide them with any personal information! Avoid carrying IDs that show birth outside the U.S. or unnecessary immigration documents.
You have the right to remain silent! Do not answer any questions from ICE or CBP.
Do not sign anything without speaking to a lawyer first.
Be sure to memorize emergency contact information—your lawyer, a hotline or someone you trust—in case you encounter ICE or CBP.
2. Initial Detention by ICE
ICE will investigate your immigration status, history, and any past legal violations.
Based on their findings, you may either:
Be eligible for a bond hearing to be released from detention.
Be subject to expedited removal if you have a prior deportation order.
Be subject to mandatory detention if you have been arrested for certain theft offenses or other violent crimes.
3. Expedited Removal vs. Bond Hearing
Expedited Removal applies to individuals with previous deportation orders, often determined through fingerprint records.
Bond Hearings allow individuals with no prior violations to request release while their case is pending. To not be granted bond, ICE’s attorneys must prove that the person is either:
A danger to the community
A flight risk
Important Update: The Laken Riley Act, a newly enacted law, now requires judges to keep certain individuals detained if they have been arrested for offenses like theft, burglary, battery against a police officer, or crimes resulting in serious harm or death.
4. Immigration Court Hearings
Most individuals detained within the U.S. who have lived here for more than two years and are not subject to expedited removal will have a hearing before an immigration judge.
This is where legal defense is critical—immigrants may apply for relief from deportation and present their case for staying in the U.S.
What Should You Do if You or a Loved One is in Deportation Proceedings?
Contact an immigration lawyer immediately.
TRP Immigrant Justice offers legal assistance and support for individuals and families facing removal.
Sign up for a Know Your Rights training to learn how to prepare in case of an ICE encounter.
What You Need to Know About Immigrant Registration
Recently, the Trump administration announced an update about immigrant registration. Here’s what you need to know:
The new requirement would apply to individuals without legal status or those with expired status, but no process currently exists for registration unless applying for an immigration benefit.
Many immigrants are already registered with USCIS/DHS if they have applied for an immigration benefit, like DACA, TPS, or Legal Permanent Residency.
It’s important to stay informed and connected with trusted sources to ensure you and your loved ones are protected. Follow TRP’s social media for the latest developments as more details emerge.
Get Legal Assistance & Stay Informed
Explore this website, follow us on social media, and sign up for our Immigrant Justice newsletter for critical resources and important updates! A new livestream schedule will be announced soon. Until then, you can find the entire Weekly Immigration Update series on TRP’s youtube channel.
Be prepared, stay protected, and remember we are here to help.
