2025 Immigration Regulations Regarding Deportation
The media spotlights dramatic ICE raids and emphasizes that everyone not born a U.S. citizen should be worried about deportation now but is that really the case? Even immigrants who are present in the U.S. lawfully have concerns. Who is really at risk for deportation?
Enhanced enforcement of immigration regulations in 2025 began with increased security at the border, which has already decreased illegal entry by 94% since last year. Additional measures taken by the new administration so far include (1) suspending certain humanitarian programs (see Immigration Law Update – TPS for Venezuelans in 2025 – Siri & Glimstad LLP as an example), (2) stricter vetting of people who wish to enter the U.S., and (3) expedited removals for people found to be in violation of immigration law or here unlawfully.
Beginning in 2025, the new immigration rules allow for wider grounds for deportation even for green card holders. If you hold a green card but are found guilty of fraud in obtaining the card, are convicted of a crime, or fail to file tax returns / spend too much time out of the country, you may become a target for removal. While this is not a change in the law, early reports indicate that there does appear to be stricter enforcement of the law on these points. If you or a loved one receive a Notice to Appear, you should take it very seriously and your first call should be to an attorney.
ICE officers now have the authority to enter into any setting to perform investigations and detain unlawful immigrants. The federal government has determined that they can enter even previously off-limits places such as schools, hospitals, and court buildings in performance of their duties.
Removal Proceedings
Removal proceedings is the term used to describe the immigration court process used to deport someone. Some of the reasons a non-citizen may be placed in removal proceedings include:
- Being in the U.S. unlawfully
- Being convicted of a serious crime
- Being denied asylum
- An expired visa
- Committing fraud to obtain a visa
The removal proceedings process normally follows certain steps, listed below:
- The Notice to Appear is a document addressed to the non-citizen as the "respondent". It is a legal document served by an immigration official on the recipient. The Notice will list the reasons the individual has been placed in removal proceedings and possibly the date they should appear in front of an immigration judge for their initial hearing.
- At the Initial Hearing, the respondent is allowed to have an attorney present, but if they do not hire their own the court will not provide one for them.
- Removal Hearing – At this second hearing, the respondent or their attorney states their case against removal. Some respondents can also request relief from removal through different avenues such as adjustment of status, waivers, protections from removal or waivers of inadmissibility. An attorney can help you determine the best course of action given your unique circumstances.
- Appeals – If the judge orders removal, the respondent may appeal the decision. If the Judge grants the respondent relief to remain in the U.S., the government may also appeal the decision.
The above list describes the typical removal procedure, but in certain circumstances an expedited removal process is employed.
Expedited Removal Process
In expedited removal, the detained noncitizen does not even get the opportunity to appear before a judge. The permissions for expedited removal were originally added by statute in 1996 as part of the Illegal Immigration Reform and Immigration Responsibility Act and have since been expanded. This is now being used throughout the United States, not just in border towns when people try to cross unlawfully and are caught.
According to expedited removal regulations, any immigration officer can use expedited removal for (1) any noncitizen who entered the U.S. without inspection and cannot prove they have been in the U.S. for more than two years, or (2) any noncitizen who lacks proper documentation. Once the officer determines that a person qualifies for expedited removal, the individual can be removed without the opportunity to appear before a judge, and usually with the additional stipulation of being barred from re-entering the U.S. for five years.
Is Anyone Safe From Deportation?
The strongest protection for a non-U.S. citizen to have against removal is to possess some kind of legal status, listed below:
- Naturalized citizenship – an immigrant who has completed the process to become a citizen
- Lawful permanent resident – green card holders – not U.S. citizens but with legal status to remain in the United States permanently
- Refugees – individuals who have legally been granted refugee status before entering the United States
- Asylum seeker – Someone who has an approved or pending asylum application (Form I-589). If you are in the U.S. and qualify as an asylum seeker but do not have approved status, you can still apply. See General Orientation – Resources for Asylum Seekersor consult with an attorney for more information
- Valid Non-Immigrant Visa holder – such as an employment-based visa (H1B, L1, E2, etc.), student visa (F1), visitor visa (B1/B2), etc.
Previous presidents like Obama and Clinton have also aggressively deported immigrants, so this is not an unprecedented push. The spotlight is on the issue right now because President Trump promised during his election campaign to correct issues caused by unchecked border crossings under the Biden administration. During the previous administration, millions entered the country unlawfully and remain in the U.S. As a result of the much publicized plan to send these people back to their countries of origin, many immigrants are concerned that they will be caught in the dragnet and wonder about the stability of their own status.
Although green card holders are protected from deportation if they abide by certain conditions, there will now be greater scrutiny to ensure individuals abide by the regulations. For example, a green card holder has the right to leave the U.S. as long as they do not stay out of the country longer than 180 days. This is because green cards are meant for people whose permanent residence is in the United States. Once a green card holder has been outside of the United States for more than half the year, this prolonged absence may cause problems for them when they try to re-enter. The laws for green card holders have not changed, but enforcement and scrutiny have, and the spotlight is on you when traveling in and out of the country. If you are a green card holder scheduled to travel outside of the United States, it may be wise to consult with an attorney before doing so. You can fill out a form to speak to someone here.
Some of the reasons a green card holder may be deported or denied re-entry include:
- Criminal convictions – usually crimes of "moral turpitude" or serious felonies
- Being found guilty of fraud in obtaining your green card (due to sham marriages, falsified documents, etc.)
- Abandonment of residency – remaining outside of the U.S. for more than 6 months, as noted above
- National security concerns – being connected to any terrorist groups or participating in anti-American activities may land even a green card holder on the removal list
Who is At Risk of Removal?
According to a chart posted on the Office of Homeland Security Statistics website, there have been 111,010 deportations so far in 20251. President Trump promised to send back millions of immigrants who are present in the United States illegally and ICE has been busy since he took office.
But who exactly is at risk of being detained and possibly deported by ICE? Some of the things that may increase your risk of deportation include:
- Noncitizens with any criminal convictions
- Noncitizens who live in the U.S. unlawfully, especially those who crossed the border during the Biden administration
- Noncitizens who have received deportation orders already
- People who arrived legally with a temporary visa and then stayed when it ran out
- Noncitizens who commit fraud to obtain a green card (such as sham marriages or falsified documents)
- Noncitizens collecting benefits they are not legally entitled to
In other words, anyone who does not have legal status to be in the U.S. is at risk for deportation. If this is you or someone you love, talk to an attorney today to start the process to attain legal status.
What To Do In Order To Avoid Deportation
If you ever receive a Notice to Appear from the Department of Homeland Security, it's a good idea to seek legal counsel. This means you have been placed in removal proceedings by the government and the deportation process has begun. If you do not hire an attorney to represent you at your hearing, the immigration court will not provide one for you. If you have not received a notice but fear you are in danger of being detained due to lack of legal status, it is imperative you speak with an immigration attorney without delay.
Footnote
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
