How the Deportation Process Works
A guide on how the detention to removal process works — written in plain language
When a family member is detained, one of the hardest things is not knowing what comes next. This guide walks through each stage of the deportation process — from the moment of detention to the final removal from the country — so that you can understand what is happening and what options may exist at each step.
⚠ Important: Immigration law is complicated and changes frequently. This guide gives a general picture of how the process usually works. Every case is different. Always speak with an immigration lawyer about your specific situation.
First: Understand the Two Tracks
After someone is detained, the government places them on one of two tracks. Which track they are on changes everything — how fast the process moves, whether they see a judge, and what options they have.
⚡ FAST TRACK
Expedited Removal
Deportation can happen in days, with no immigration judge.
Who this applies to:
- Cannot prove 2+ years continuous presence in the U.S.
- No valid immigration documents
- Prior deportation order already on file
Note: If you fear returning to your home country, say so immediately. This can stop expedited removal.
⚖️ FULL PROCESS
Full Removal Proceedings
The process takes weeks, months, or years. Goes before an immigration judge.
Who this applies to:
- 2+ years in the U.S. (and can prove it)
- Has some form of legal status or pending case
- Asylum applicants who pass credible fear
More steps but more opportunities to fight the case and stay in the U.S.
The Stages of the Deportation Process
Detention — Being Taken Into Custody
The process begins when a person is taken into immigration custody. This can happen in several ways:
How ICE arrests directly:
- At home (early morning raids are common)
- At a workplace
- During a traffic stop
- At a courthouse or check-in appointment
- On the street or in the community
How local law enforcement gets involved:
- Arrested for a crime, fingerprints run through federal databases
- County or city jails with 287(g) agreements can begin immigration processing
- ICE places a "detainer" to hold the person after their release
What is a 287(g) agreement? This is a deal between ICE and a local police department or sheriff’s office that trains local officers to act as immigration agents inside local jails. In Missouri and across the country, many county jails now participate in this program, which means getting arrested for a local crime can directly lead to immigration detention.
Held in a Local or County Jail (Usually First)
Here is something many families do not know: most people who are detained are NOT taken to an official immigration detention center right away. They are first held in a local or county jail.
Why? Because there are very few immigration detention centers in Missouri. ICE must make arrangements, find space, and arrange transportation. That takes time.
⏱ Why your family member may NOT appear in the ICE locator right away
When someone is first held in a local jail, ICE has not yet formally processed them into the federal immigration system. This means:
- They may not appear when you search locator.ice.gov
- This is normal and does not mean something is wrong
- It typically takes 24 to 72 hours — sometimes several days or longer — before they appear
- Keep checking the locator every day
You can also try calling the local jail directly to confirm they are there. You will need their full name and date of birth.
How long can someone be held at a local jail?
This varies. It depends on how quickly ICE can arrange a transfer, how much space is available at an immigration detention center, and how far they need to travel. It can be a few days, or it can be several weeks.
Transfer to an ICE Detention Center
After some time at the local jail, ICE will come to pick up your family member and transfer them to an official immigration detention facility.
Important things to know about this transfer:
- The facility may be far away — possibly in another city or another state entirely
- Families are often not told about transfers in advance
- After the transfer, they should appear in the ICE detainee locator at locator.ice.gov
- They may be moved more than once during their case
| ICE Detainee Locator | locator.ice.gov — You will need their full name, country of birth, and date of birth |
| Case Status (A-Number) | acis.eoir.usdoj.gov — Tracks immigration court case status using their A-Number |
| Phone Calls from Detention | In Missouri, they have the right to make a phone call after being detained. Once at a detention facility, they should also be able to call family and a lawyer. |
Notice to Appear (NTA) — The Formal Charge
In most cases, ICE will give the detained person a document called a Notice to Appear, or NTA. This is the official paper that starts the legal process.
The NTA includes:
- The reason the government says they should be removed
- Their rights in the process
- A date for their first court hearing (sometimes this is left blank at first)
⚠ Do NOT sign anything without a lawyer. ICE may also present a document asking the person to agree to be deported without seeing a judge. This is called a Stipulated Removal. Signing this gives up the right to fight the case in court. No one should sign this without speaking to a lawyer first.
Bond — Can They Come Home While Waiting?
After someone is detained, one of the first questions is: can they get out while their case moves forward? This is called a bond, and it works like in criminal cases — money is paid as a promise that the person will show up to all their court dates.
How the bond process works:
- ICE makes the first decision about bond, usually within 24 to 72 hours of arrest
- If ICE denies bond or sets it too high, the person (or their lawyer) can ask an immigration judge to review it
- Bond hearings for detained people are usually scheduled within 7 to 14 days
- If bond is granted, amounts typically start around $1,500 but often range from $5,000 to much higher
- Once bond is paid, release usually takes 4 to 24 hours
- If released on bond, the case continues — but they can be home with their family
Who cannot get bond?
Some people are placed in mandatory detention, meaning they cannot get bond at all. This currently includes people with certain criminal convictions, people who entered without inspection (and have been in the U.S. less than 2 years), and in some cases people with prior removal orders. This area of the law changed significantly in 2025 and is still being decided by courts.
Timeline tip: If a person gets out on bond, their case moves much more slowly (often taking years). If they stay detained, hearings move faster (weeks to months) — but being detained makes it much harder to prepare a strong case.
Master Calendar Hearing — The First Court Appearance
This is the first time the person appears in front of an immigration judge. It is mostly a short, procedural hearing — it does not decide the case.
What happens at this hearing:
- The judge explains the charges and the person’s rights
- The person (or their lawyer) can admit or deny the charges
- The judge asks how the person plans to defend themselves
- A date is set for the next hearing
- A bond hearing may happen the same day if it has not already
| If detained: Usually scheduled within 2 to 4 weeks of arrest |
If released on bond: Can take months or even years, depending on court backlog |
The person has the right to have a lawyer present. The government does not provide a free lawyer in immigration court, but nonprofit organizations and legal aid groups may be able to help.
Individual (Merits) Hearing — The Real Trial
This is the most important hearing. This is where the case is actually decided. It is sometimes called a merits hearing or individual hearing.
At this hearing:
- The person presents their evidence and argument for why they should be allowed to stay
- They can bring witnesses and testimony
- A government lawyer argues for removal
- The judge asks questions and reviews everything
- The hearing can take a few hours or several days, depending on the case
What can a person argue to try to stay in the U.S.?
| Asylum | Showing a well-founded fear of persecution in their home country due to race, religion, nationality, political opinion, or being part of a certain group. Must have been in the U.S. less than 1 year (with some exceptions). |
| Cancellation of Removal | For people who have been in the U.S. for 10+ years, have shown good moral character, and can prove a U.S. citizen or green card holder family member would suffer extreme hardship if they are deported. |
| Withholding of Removal | Showing it is more likely than not that they would be persecuted or tortured if returned. This is harder to prove than asylum but has no time limit. |
| Voluntary Departure | Agreeing to leave the country at your own expense by a set date. This avoids a formal deportation order on your record, which can affect future immigration options. |
The Judge’s Decision
After the individual hearing, the judge makes a decision. This can happen the same day or at a later hearing.
✅ Relief Is Granted
The judge allows the person to stay. They may receive a green card, a temporary protected status, or permission to stay while waiting for another step.
❌ Order of Removal
The judge orders deportation. The person has 30 days to appeal the decision before it takes effect.
What if the judge orders removal?
An order of removal does not always mean deportation happens immediately. The person has the right to appeal within 30 days. See Stage 9.
Appeals — Fighting the Decision
If the judge orders removal, the person — or the government — can appeal the decision. There are several levels of appeal.
Appeal Level: Board of Immigration Appeals (BIA)
- Deadline: 30 days from judge’s decision
- How long it can take: Months to over a year
Appeal Level: U.S. Court of Appeals (Federal Circuit Court)
- Deadline: 30 days from BIA decision
- How long it can take: 1 to 3+ years
Appeal Level: U.S. Supreme Court
- Deadline: Rare; court decides whether to hear the case
- How long it can take: Years
⚠ Appeals usually stop deportation while being reviewed. But this is not automatic in all cases. A lawyer must be involved in the appeals process.
Deportation — Removal from the Country
If all appeals fail, or if the person chooses not to appeal, ICE carries out the removal. This means physically removing the person from the United States.
How removal is carried out:
- Most removals are by airplane, paid for by the U.S. government
- Some involve ground transportation, especially to Mexico
- ICE coordinates with the destination country to accept the person
- The person is generally not told the exact date and time in advance
How long does it take after the final order?
This depends heavily on the country. The U.S. and Mexico have agreements that allow quick removal. For other countries — especially if the country is slow to issue travel documents — it can take up to 90 days or longer. If ICE cannot deport someone within 90 days, in some cases they may be eligible for supervised release.
What a deportation order means for the future:
- A formal deportation order stays on the person’s immigration record permanently
- Re-entering the U.S. without legal permission after deportation is a federal crime
- People deported once face a 10-year bar to re-entry; twice or more can mean a permanent bar
- A lawyer may be able to help explore legal paths to return in the future
If a Family Member Is Detained
Detainee Locator
Use the ICE online detainee locator to find out where they are being held:
You will need their first name, last name, and country of birth, or an A-number and country of birth.
Case Information
ACIS provides basic information about the status of certain cases before an immigration court or the Board of Immigration Appeals.
You will need their A-number and country of birth.
Missouri Immigration Legal Services
You don’t have to face this alone. Nonprofit legal service organizations across Missouri can help with immigration cases, questions, and court proceedings — often at little or no cost.