Deportation Basics Revisited

How immigration enforcement works (or doesn’t) in real life

Washington, D.C.– A new report from the Center for Immigration Studies updates the 2011 Deportation Basics report, offering a detailed examination of today’s deportation procedures within the broader political and operational context of immigration enforcement. The report reviews the fundamentals of deportation, including types of removals, detention and release conditions, and the use of voluntary returns and administrative tools to expedite the process.

The report highlights that, despite changes in administration, immigration laws have largely remained the same since 2011. Yet, enforcement has varied dramatically due to:

• Executive inaction: The Biden administration, including DHS Secretary Alejandro Mayorkas, failed to consistently “take Care that the Laws be faithfully executed,” as mandated by Article II, Section 3 of the Constitution.
• Statutory misinterpretation: The administration applied provisions such as immigration parole far beyond their intended scope, allowing hundreds of thousands of aliens to enter under tenuous legal justifications.
• Judicial standing constraints: Federal courts have frequently limited public oversight, as challenges to executive inaction often fail without a plaintiff demonstrating direct, concrete injury.

State responses and innovations:

• Some states have begun filing suit on behalf of themselves and their citizens, achieving limited success in countering federal inaction.
• The Laken Riley Act, enacted earlier this year, now gives states statutory grounds to sue in five key areas of immigration enforcement, expanding legal accountability.
• Florida and other enforcement-minded states are collaborating with ICE and USBP through programs like 287(g), supporting voluntary return and formal deportation processes, expanding detention space, and coordinating surge operations to maximize compliance

“The report clarifies both the legal framework and practical realities of deportation,” said CIS fellow Dan Cadman. “It also highlights how states are increasingly stepping into the breach to protect their communities and ensure laws are enforced responsibly.”

Highlights:

• Misconceptions: State and local officials often believe ICE custody leads to immediate deportation, when in fact the process is far more complex.
• Systemic dysfunction: As many as 59% of aliens released while awaiting hearings abscond, undermining the integrity of the system.
• Prosecutorial discretion: Non-enforcement policies during the Obama and Biden years weakened deterrence and fostered lawlessness.
• Due process: The Immigration and Nationality Act (INA) allows for multiple forms of due process, including streamlined non-judicial removals.
• New tools: Under Trump’s second administration, DHS is expanding detention, curbing abuse of parole, fast-tracking removals, and offering stipends for verified self-deportation.