How Deportations Work

Summary

Summary of "How Deportations Work" – Consider This from NPR

In the April 6, 2025 episode of NPR's Consider This, host Asma Khalid delves into the intricate and often controversial process of deportations in the United States, particularly under the administration of former President Donald Trump. This episode provides a comprehensive overview of how deportations are carried out, the impact on individuals and communities, and the legal challenges that arise from the administration's policies.

Trump's Promise and Executive Actions

The episode opens with a reference to President Donald Trump's fervent campaign promise. Shortly before the 2024 election, Trump declared at Madison Square Garden:

Donald Trump (00:07): "On day One, I will launch the largest deportation program in American history."

In his rallying cry, Trump positioned his administration as a force against illegal immigration, labeling undocumented immigrants as "criminals and gang members."

Donald Trump (00:21): "We will not be occupied. We will not be overrun. We will not be conquered."

Following his inauguration, Trump swiftly enacted a series of executive orders aimed at intensifying deportation efforts. These orders included declaring a national emergency at the southern border, suspending refugee resettlement, ending asylum programs, and expanding the criteria for deportation.

Case Studies: Real Lives Affected

The episode highlights the human impact of these policies through the stories of individuals affected by the Trump administration's aggressive deportation measures.

Mahmoud Khalil

Mahmoud Khalil, a graduate student and green card holder, became a target due to his pro-Palestinian activism on his university campus. In March, federal immigration agents arrested him, an event recorded by his wife, Noor Abdullah.

Noor Abdullah (00:42): "Yeah, they just, like, handcuffed him and took him."

Following his arrest, Noor faced immense uncertainty, explaining the terror of not knowing her husband's whereabouts for 38 hours:

Noor Abdullah (01:06): "I think that's probably the most terrifying thing that has ever happened to me."

Rumesa Ozturk

Another victim, Rumesa Ozturk, a graduate student at Tufts University, was arrested shortly after co-authoring an op-ed criticizing the university's response to the war in Gaza. Recording bystander reactions during her arrest underscored the community's distress.

Noor Abdullah (01:43): "You want to take those masks off? Is this a kidnapping?"

Kilmar Armando Abrego Garcia

Kilmar Armando Abrego Garcia from Maryland was deported to El Salvador despite an immigration judge's ruling that he should not be sent back due to the risk of torture in his home country. His lawyer, Simon Sandoval Moschenburg, highlighted the administration's blatant disregard for legal judgments.

Simon Sandoval Moschenburg (02:11): "They admit that they had no legal authority to remove him. And their defense in this case is that now that we've committed this egregious violation, the court has no power to order us to do anything about it."

A judge ultimately ordered the Trump administration to reverse this decision:

Asma Khalid (02:36): "But now, in fact, a judge has ruled that the Trump administration must take immediate steps to return Abrego Garcia."

Understanding the Deportation Process

To unpack the complexities of deportation, NPR’s Jimena Bustillo joins Asma Khalid in the studio, breaking down the process into five distinct steps:

1. Being Identified as Deportable

Individuals at risk of deportation typically lack legal status, either due to illegal entry, overstaying visas, or violating the terms of their residency, including criminal activities. Notably, legal violations such as unauthorized work are sufficient grounds for removal.

Jimena Bustillo (05:39): "The government doesn't have to prove that you committed a crime to see you as removable."

2. Arrest

Due to the high costs and time associated with Homeland Security investigations, the government often relies on local law enforcement to flag individuals without legal status. Additionally, Immigration and Customs Enforcement (ICE) conducts “at large” arrests in the field.

3. Immigration Court Proceedings

Unlike other courts within the judicial branch, immigration courts are part of the executive branch under the Department of Justice. Defendants do not automatically receive legal representation but can request attorneys. The process allows for individual defense but is marred by significant backlogs—currently around four million cases—which hinder timely justice.

Jimena Bustillo (07:07): "Immigration courts are currently backlogged about 4 million cases, and people are being arrested faster than the courts can process their cases."

4. Final Order of Removal

There are three primary pathways for removal:

• Expedited Removal: Often occurs at borders, allowing immediate deportation without court proceedings.
• Voluntary Return: Individuals arrange their own departure from the country.
• Non-Voluntary Removal: ICE arranges and executes the deportation.

Challenges arise when home countries do not accept deportees, complicating the removal process.

5. Actual Removal

The final step involves physically removing the individual from the United States, which can involve detention until departure or alternatives like ankle monitoring.

Legal Challenges and Judicial Oversight

The Trump administration's strategy to bypass traditional court processes has sparked significant legal opposition. Immigration advocates argue that the administration is undermining due process and First Amendment rights by:

• Utilizing the Alien Enemies Act to circumvent courts.
• Implementing expedited removal procedures.

These actions have led to lawsuits aiming to uphold the integrity of the judicial process. In the case of Kilmar Armando Abrego Garcia, the judiciary intervened to rectify the administration's overreach, demonstrating the system's capacity to check executive power, albeit slowly.

Simon Sandoval Moschenburg (02:24): "They admit that they had no legal authority to remove him. And their defense in this case is that now that we've committed this egregious violation, the court has no power to order us to do anything about it."

Current State of Deportations under Trump

Despite the administration's rhetoric and promises of mass deportations, logistical and legal challenges hinder the execution of such an expansive program. Border Czar Tom Homan criticized Congress for not providing adequate funding or codifying executive orders, stressing that immigration policy fundamentally requires legislative backing rather than solely executive action.

Jimena Bustillo (09:18): "There continues to be a big focus on deportations and arrests, but there is still a resource issue."

Conclusion

The episode underscores the complexities and human costs of the deportation process in the United States. While the Trump administration has made significant strides in intensifying deportation efforts, systemic issues such as legal backlogs, resource constraints, and judicial pushback create a complex landscape. Through personal stories and expert analysis, Consider This paints a vivid picture of the challenges faced by immigrants and the intricate machinery of deportation policies.

Transcript

[Asma Khalid]

Days before the 2024 election, speaking to an electrified crowd at Madison Square Garden, President Trump made a promise.

[Donald Trump]

On day One, I will launch the largest deportation program in American history.

[Asma Khalid]

During this campaign speech, Trump railed against immigrants who come to the United States illegally, whom he described as criminals and gang members.

[Donald Trump]

We will not be occupied. We will not be overrun. We will not be conquered.

[Asma Khalid]

And just hours after his inauguration, the President signed a flurry of sweeping executive orders declaring a national emergency at the southern border, suspending refugee resettlement, ending asylum programs, and expanding the pool of people who could be deported.

[Mahmoud Khalil]

Gonna be under arrest. So turn around, turn around, turn around, turn around.

[Asma Khalid]

In March, federal immigration agents also began arresting people involved with pro Palestinian activism on college campuses. One of them was Mahmoud Khalil, a graduate student and green card hold. His wife, Noor Abdullah, filmed his arrest as agents who refused to give their names handcuffed him and put him in an unmarked car.

[Noor Abdullah]

Yeah, they just, like, handcuffed him and took him.

[Jimena Bustillo]

I don't know what to do.

[Asma Khalid]

Abdullah told NPR it took 38 hours for her to find out where her husband had been sent. I think that's probably the most terrifying thing that has ever happened to me. Within weeks, masked ICE agents arrested another graduate student. Rumesa Ozturk was studying at Tufts University on a valid visa and had co written an op ed criticizing the university's response to the war in Gaza. In this video provided by freelance journalist Daniel Boguslaw, you can hear a bystander questioning the agents.

[Noor Abdullah]

You want to take those masks off? Is this a kidnapping?

[Asma Khalid]

Meanwhile, agents were also targeting migrants the Trump administration alleged were gang members. One man from Maryland, Kilmar Armando Abrego.

[Noor Abdullah]

Garcia, was was deported to a prison.

[Asma Khalid]

In El Salvador despite the fact that an immigration judge had already ruled he could not be deported to El Salvador because he might face torture in his home country.

[Simon Sandoval Moschenburg]

I think that's really chilling.

[Noor Abdullah]

Simon Sandoval Moschenburg, a lawyer for Abrego Garcia, says that even though the administration admits deporting him to El Salvador was a mistake, they're not taking action to bring him back to the United States.

[Simon Sandoval Moschenburg]

They admit that they had no legal authority to remove him. And their defense in this case is that now that we've committed this egregious violation, the court has no power to order us to do anything about it.

[Asma Khalid]

But now, in fact, a judge has ruled that the Trump administration must take immediate steps to return Abrego Garcia by Monday at 11:59pm deportation in the United States usually involves a long, complicated legal process process. But as Trump makes good on his campaign promises, immigrant rights advocates are worried he's steamrolling due process and First Amendment rights. Consider this as the Trump administration expands the number and scope of deportations, what does that mean in practice? From npr, I'm Asma Khalid.

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[Asma Khalid]

It'S consider this from NPR. Deportation is a complicated process with lots of layers. We are going to try to unpack some of those layers and understand it a bit better with NPR's Jimena Bustillo. She covers immigration policy and she joins us now in the studio. Welcome to the show.

[Jimena Bustillo]

Hi, Asma.

[Noor Abdullah]

So you have been reporting on immigration for the last several months, and you've boiled down this deportation process into a number of different steps to help us understand how, I would say a somewhat wonky process works. So what did you find?

[Jimena Bustillo]

I've identified this process down to five steps.

[Asma Khalid]

Okay.

[Jimena Bustillo]

Being identified as deportable, being arrested, going through immigration court, receiving a final order of removal and ultimate removal. Keep in mind, that process is individualized to each case and who, what, when, where, how someone is identified can drag on for years or be very quick.

[Asma Khalid]

Got it.

[Noor Abdullah]

So let's start with the first step you just mentioned. What does it mean to be identified as deportable?

[Jimena Bustillo]

Those at risk for arrests primarily include people without legal status because they may have entered the country illegally, overstayed a work or student visa, or violated the terms of their green card, including by committing a crime. But the government doesn't have to prove that you committed a crime to see you as removable. A good example of this could be Those without work authorization. There's about 8 million in this country.

[Noor Abdullah]

So, Ximena, once someone is identified, then how does the government find them?

[Jimena Bustillo]

Homeland Security investigations are expensive and time consuming, so they often rely on local law enforcement to report that they have arrested or identified someone without legal status. Then there's also, what are called, quote, at large arrests. These are arrests conducted by ICE out in the field.

[Noor Abdullah]

Okay, so Ximene, from there, you enter into a court system, and I want you to help us understand how immigration courts differ than other courts in our American legal system.

[Jimena Bustillo]

So to start, they're not in the judicial branch like all other courts in our legal system. They're housed within the executive under the Department of Justice. And those arrested do not get the right to a lawyer, but they can ask to find one. And they do get the chance to make their defense. During the setting. There's also an attorney on behalf of ICE who argues in favor of removal. And then this is where things get more complicated. Immigration courts are currently backlogged about 4 million cases, and people are being arrested faster than the courts can process their cases.

[Noor Abdullah]

I have a question here, though. He mean, I mean, it seems like this court process you are describing is not actually what we have seen unfold with some of the high profile cases that we've been hearing about since President Trump took office.

[Jimena Bustillo]

Right. So that's what a lot of immigration advocates are filing lawsuits over. They say that this court process had been completely sidestepped as people were put on planes and taken to other countries.

[Asma Khalid]

So how do they do that, though?

[Noor Abdullah]

How can you actually just sidestep the process?

[Jimena Bustillo]

The Trump administration is trying to use various specific authorities that they get access to to expedite these removals. Some has been the use of the Alien Enemies act, which specifically allows the administration to bypass the court process, as well as something called expedited removal, which again, allows you to expedite the removal, skipping the court process.

[Noor Abdullah]

I see. Okay, so let's get back to the process that you were describing. And I want to ask you about the final two steps. Say you potentially get a final removal order, and then you are removed.

[Asma Khalid]

How does that actually happen?

[Noor Abdullah]

How does that work?

[Jimena Bustillo]

So there are roughly three main ways that people are removed. Either expedited removal, which I just explained, that also primarily happens at the border, where people are basically taken back across. Then there's voluntary return, which is when someone makes their own travel arrangements. And then there's non voluntary, which is when ICE arranges to fly you back. But there are challenges to sending many people back to their home countries. One reason is that their home countries have not agreed to accept them back. One thing I do not specifically list is the step of detention. Some people might be detained from the point that they're arrested all the way until a court decision is made or they're put on a removal flight. There's also alternatives to detention, such as wearing an ankle monitor or having regular check ins with the government.

[Noor Abdullah]

Okay. So Jimenet, what you have described seems like an incredibly lengthy process, perhaps a rather costly process as well. And yet it is something that President Trump campaigned on. He promised to bring about the largest deportation in American history. So how is what he promised during the campaign actually unfolding in these first few months?

[Jimena Bustillo]

There continues to be a big focus on deportations and arrests, but there is still a resource issue. Border czar Tom Homan has been critical of Congress's slower pace in providing DHS with more money or codifying any of Trump's executive orders, especially as immigration immigration policy does come more out of the White House instead of Congress, which is the body that makes laws and provides the funding.

[Asma Khalid]

All right.

[Noor Abdullah]

Well, thank you very much for your reporting.

[Jimena Bustillo]

Thank you.

[Noor Abdullah]

That's NPR's Jimena Bustillo.

[Asma Khalid]

This episode was produced by Avery Keatley, Ale Marquez Hanse and Jeffrey Pierre. It was edited by Christopher Intagliata and Anna Yukonanov. Our executive producer is Sami Yeniken.

[Noor Abdullah]

Foreign.

[Asma Khalid]

It's Consider this from npr. I'm Asma Khalid.

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