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The Department of Homeland Security removed and returned over 700,000 nonimmigrants to their countries in fiscal year 2024. The vast majority were transported back to their countries of birth. However, before a nonimmigrant is removed or returned to their country of origin, the U.S. government will likely issue a removal order as the first step.
What is a Removal Order?
A removal order is a legal document issued by an immigration authority declaring that a nonimmigrant must leave the United States. Most nonimmigrants who are subject to removal from the U.S. will first undergo court proceedings before a removal order is granted. The Department of Homeland Security will issue a Notice to Appear for a hearing before an Immigration Judge, at which point the judge may determine that the individual must be removed from the U.S.
Removal orders are difficult to fight once they are finalized. After an immigration judge issues a final order of removal, if an appeal is unsuccessful, the DHS may place the nonimmigrant in detention for up to 90 days. At that point, Immigration and Customs Enforcement (ICE) will step in to fulfill the removal order and repatriate the person to their country of birth or citizenship.
Why Does the Government Issue Removal Orders in the First Place?
People are removed from the U.S. for various reasons, and most fall under the categories below:
- Unlawful presence in the U.S.
- Certain criminal convictions
- Committing immigration fraud
- Being considered a national security risk
Why Would Your Country of Birth Reject You After a Removal?
Even after you receive a final removal order from the U.S., your country of birth may refuse to accept you as a returning citizen if you lack the proper documentation to prove your legal status. Another reason you may be rejected by your birth country is if you are stateless according to international laws. This means that you are not considered a national of any country in the world, even your country of birth. This situation can arise because some countries have extremely strict citizenship laws. For example, if you are born in a country that doesn’t automatically grant birthright citizenship, you will be considered stateless unless you gain citizenship through your parents or another means.
What Happens if Your Country of Birth Does Not Accept You After Removal?
Countries are generally obligated to accept their own citizens. However, while rare, some people may find themselves facing a situation in which their birth country does not accept them after they have been removed from the U.S.
If your birth country will not accept your return after a removal, ICE will be forced to return you to detention in the U.S. The Department of Homeland Security will then be unable to deport you until or unless they find a resolution. If you are a citizen of another country besides your place of birth, you will likely be sent to that country instead.
In ideal scenarios, an Immigration Judge may grant you temporary relief from deportation. This would allow you extra time to resolve your immigration status, such as seeking asylum or exploring another possible option for remaining in the U.S. Pursuing asylum may be the best option if you can prove that you have a credible fear of returning to your birth country – because according to international law, the U.S. cannot deport an individual to a country where they will face danger.
If you have received a final removal order or have questions regarding an immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
