A few months ago, U.S. immigration courts began sending flyers to respondents alerting them to the benefits and consequences of self-deportation. Among those benefits, the brochure mentions the ability to choose one’s return flight, receive a $1,000 incentive from the U.S. government, avoid imminent detention, and the possibility of legally returning to the United States in the future.
It is important to note that self-deportation is NOT a legal option under immigration law. Under these laws, there is what is called “deportation,” which occurs when a judge orders a person to be removed from the United States; the order is final, and the person leaves the United States after the order is issued. There is also what is called “voluntary departure,” which is granted by a judge as well, and allows a person to leave the United States on their own and without having a removal order on their record. Leaving the United States after a removal order or voluntary departure order has different legal consequences. Due to the lack of regulation of so-called “self-deportation,” it is still unclear what the consequences of choosing this option could be.
Although the possibility of returning to one’s home country with a paid plane ticket and an extra $1,000 sounds tempting, you should be aware that this option may not be the best for you. In this regard, the brochure that immigration courts have been sending across the country contains incorrect and misleading information that I would like to clarify.
First, self-deportation might not be safe. The brochure suggests that if you choose to self-deport, you would avoid detention. However, the Department of Homeland Security still retains the power to detain anyone who attempts self-deportation, and if you sign up through the CBP Home App to self-deport, you could be handing over your information to be found by ICE agents. Besides, a person attempting self-deportation is not protected from criminal prosecution in the United States, meaning that you could face criminal charges for having entered the United States illegally.
Second, if you are currently in removal proceedings, returning to your home country under this option may not be the best option. If you leave the United States while your court case is pending, you could obtain a removal order in absentia, resulting in a five-year ban for which no waiver is available. This means you would be unable to return to the United States for at least five years. Furthermore, if you leave the United States while your asylum or cancellation of removal application is pending, your application could be considered abandoned.
Third, it is not necessarily true that you could legally return to the United States in the future. If you entered the United States illegally and have remained here for more than six months, but especially for more than a year, and then self-deport, you could be subject to a three- or ten-year ban. Even worse, if you attempt to return illegally after self-deporting under these conditions, you could face a lifetime ban.
For these reasons, despite what the brochure suggests, self-deportation is not always the safest option, as it depends on each case. You may qualify for an immigration benefit such as asylum, adjustment of status, cancellation of removal, U visa, juvenile visa, among others, and you will lose the opportunity to apply for that benefit by accepting this misleading “offer” from the United States government.
Immigration law is complex, and each case is unique. You must consult with an experienced immigration attorney before deciding to self-deport. At Bienvenidos Law Firm, Inc., we have over 25 years of experience in immigration cases. Please call us at 763-951-2235 or email blf@bienvenidoslaw.com so we can evaluate your case today.
