Deportation and removalGrounds for Deportation: Common reasons immigrants face deportation

Deportation, or removal under U.S. law, is the expulsion of noncitizens deemed ineligible to remain in the United States, as authorized by the Immigration and Nationality Act (INA) of 1952 and its amendments. Administered by the Department of Homeland Security (DHS) through Immigration and Customs Enforcement (ICE), this process targets individuals ranging from undocumented immigrants to lawful permanent residents (LPRs) who violate certain legal thresholds. In fiscal year 2024, ICE conducted 271,484 removals, a sharp increase from 235,000 in 2023, due to increased enforcement policies following the 2014 election. This article analyzes the primary grounds for removal-criminal convictions, visa violations, and unlawful presence-integrating legal statutes, statistical evidence, and expert perspectives as of February 27, 2025.

 

The Legal Framework: Immigration and Nationality Act

 

The INA, codified in Title 8 of the U.S. Code, establishes the legal basis for deportation. Section 237 (8 U.S.C. § 1227) sets forth the grounds for deportation of noncitizens within the United States, while Section 212 (8 U.S.C. § 1182) sets forth the grounds for inadmissibility of those seeking to enter the country. Removal proceedings adjudicated by the Executive Office for Immigration Review (EOIR) involve Notices to Appear (NTAs) issued by ICE, with 3.6 million cases pending in immigration courts as of October 2024, according to the Transactional Records Access Clearinghouse (TRAC). This backlog underscores the strain on the system, a point underscored by immigration scholar Muzaffar Chishti of the Migration Policy Institute, who notes that resource constraints often prioritize enforcement over adjudication efficiency.

 

Criminal Convictions: A Leading Cause of Removal

 

Criminal activity is a predominant trigger for removal, with the INA specifying offenses that render noncitizens removable, even decades after admission. This applies generally, although LPRs may benefit from cancellation of removal options under INA Section 240A (8 U.S.C. § 1229b), subject to strict eligibility criteria.

 

Crimes of moral turpitude

 

Under INA section 237(a)(2)(A)(i), a conviction for a crime of moral turpitude (CMT)-such as fraud, theft, or assault-within five years of admission (or ten years for certain statuses) triggers deportability if punishable by one year or more in prison. The Board of Immigration Appeals (BIA) defines CMTs as acts of “malice, vileness, or depravity,” a subjective standard criticized by legal expert Kevin Johnson of UC Davis for its ambiguity. For example, in 2023, a shoplifting conviction with a 12-month sentence could result in deportation, although a “petty offense” exception (INA Section 212(a)(2)(A)(ii)) may apply if the sentence is less than six months. TRAC data from 2021 show 5,895 CMT-related NTAs for lawfully admitted immigrants, down from 57,199 in 2010, reflecting shifting enforcement priorities under the Biden-era guidelines.

 

Aggravated felonies

 

Aggravated felonies, described in INA section 101(a)(43) (8 U.S.C. § 1101(a)(43)), include serious crimes such as murder, drug trafficking, and theft involving more than $10,000. A single conviction at any time after admission mandates deportation, with no discretionary relief available since the 1996 IIRIRA amendments. ICE’s 2024 Enforcement and Removal Operations (ERO) report highlights drug offenses as a top category, with 38% of arrests related to drug convictions. Legal scholar Hiroshi Motomura argues that this “zero tolerance” expansion reflects a punitive shift in immigration policy that disproportionately affects long-term residents.

 

Specific crimes

 

In addition to CMTs and aggravated felonies, INA section 237(a)(2) lists stand-alone deportable crimes, including domestic violence (237(a)(2)(E)(i)), firearms offenses (237(a)(2)(C)), and human trafficking. An EOIR decision in 2022 deported an LPR for a misdemeanor domestic violence conviction, illustrating the broad reach of these provisions. Kate Melloy Goettel of the American Immigration Council notes that post-1996 reforms eliminated judicial discretion in many such cases, increasing the risk of deportation for minor offenses.

 

Visa violations: Overstays and Unauthorized Activities

 

Visa violations undermine lawful status and render nonimmigrants removable under INA section 237(a)(1)(C). These violations primarily involve overstaying authorized periods or engaging in prohibited activities, affecting an estimated 676,000 individuals in 2019, according to DHS’s Office of Immigration Statistics (OIS).

 

Visa Overstay

 

An overstay occurs when a nonimmigrant, such as someone on a B-2 tourist or F-1 student visa, exceeds the duration of his or her Form I-94. A 2017 analysis by the Pew Research Center found that 66 percent of new unauthorized immigrants overstayed, surpassing border crossings. INA Section 222(g) invalidates the visa upon overstay, triggering deportation, while unlawful presence triggers reentry bars under INA Section 212(a)(9)(B): three years for 180 days to one year, and ten years for more than one year. However, enforcement lags due to ICE’s focus on criminal aliens, with only 10% of removals in 2024 related to overstays, according to ICE ERO data.

 

Unauthorized Activities

 

Working without authorization – on a B-2 visa, for example – violates status conditions and triggers removability. An ICE operation in 2023 deported a B-2 holder employed at a restaurant, a case Goettel cites as emblematic of enforcement through worksite audits. The INA lacks specific penalties for this, but status violations activate removal under Section 237(a)(1)(C)(i), often discovered through I-9 compliance audits.

 

Unlawful presence: Entering Without Authorization

 

Unlawful presence includes both overstays and illegal entries, with the latter governed by INA section 212(a)(6)(A)(i). The Migration Policy Institute (MPI) estimates that there will be 11 million unauthorized immigrants in 2021, with 47% from Mexico, down from 12.2 million in 2007. Illegal entry, a misdemeanor under 8 U.S.C. § 1325, escalates to a felony (8 U.S.C. § 1326) upon reentry after deportation.

According to U.S. Customs and Border Protection (CBP), Border Patrol recorded 7 million encounters on the southwest border between 2021 and 2024, with removals peaking at 370,000 in December 2023. MPI’s Doris Meissner highlights that economic and violence-driven migration from Central America sustains these flows, complicating enforcement. ICE prioritizes repeat offenders, with 60% of removals in 2024 involving prior deportations.

 

Other grounds: Fraud, Security Threats, and Public Charge

 

Less common but significant grounds include immigration fraud (INA Section 237(a)(1)(H)), national security threats (237(a)(4)), and public charge designations (237(a)(5)). A 2022 deportation of a Nigerian LPR for document fraud exemplifies the former, while ICE’s 2024 removal of 1,500 “high profile” threats-such as suspected terrorists-underscores the security focus. The public charge rule, narrowed after 2021, remains a vestige of historical exclusionary policies, according to historian Mae Ngai.

 

The Human and Political Impact

 

The ripple effects of deportation are profound. The American Immigration Council estimates that in 2021, 5.1 million U.S. citizen children will be living with undocumented relatives and facing potential separation. Critics like Chishti argue that enforcement is skewed toward low-level offenders, while DHS officials defend it as a deterrent. The policy ebbs and flows with administrations: Trump’s 2018 “zero tolerance” resulted in 81,000 prosecutions, while Biden’s 2021 pivot dropped to 27,630 amid reliance on Title 42. After 2024, experts expect a crime-focused surge in deportations.

 

Conclusion

 

Deportation is driven by criminality, visa violations, and unlawful presence, rooted in the rigid framework of the INA. As enforcement intensifies in 2025, balancing security, fairness, and humanitarian concerns will remain an ongoing challenge, requiring nuanced policy responses.

 

References

 

1. Immigration and Nationality Act (INA), Title 8 U.S. Code, Sections 101, 212, 222, 237, 240A. U.S. Government Publishing Office. https://www.govinfo.gov/app/collection/uscode (Accessed 2025).
   • Full text of the INA available via the U.S. Code online repository.
2. ICE Enforcement and Removal Operations Report FY 2024, U.S. Immigration and Customs Enforcement, January 2025. https://www.ice.gov/foia/library (Accessed February 2025).
   • Annual ERO statistics are published here; the FY 2024 report reflects 271,484 removals.
3. DHS Office of Immigration Statistics, “Estimates of the Unauthorized Immigrant Population Residing in the United States: 2019,” 2020. https://www.dhs.gov/immigration-statistics/population-estimates/unauthorized-resident (Accessed 2025).
   • Provides the 676,000 visa overstay estimate and demographic data.
4. Transactional Records Access Clearinghouse (TRAC), “Immigration Court Backlog and NTA Data,” Syracuse University, October 2024. https://trac.syr.edu/immigration/ (Accessed February 2025).
   • Detailed NTA statistics, including 5,895 criminal-related charges for LPRs in 2021.
5. Pew Research Center, “U.S. Unauthorized Immigrant Population Estimates,” 2017. https://www.pewresearch.org/hispanic/2019/06/12/u-s-unauthorized-immigrant-population-estimates/ (Accessed 2025).
   • Source for the 66% visa overstay figure among new unauthorized immigrants.
6. Migration Policy Institute, “Profile of the Unauthorized Population: 2021,” 2022. https://www.migrationpolicy.org/data/unauthorized-immigrant-population (Accessed 2025).
   • Estimates 11 million unauthorized immigrants, with 47% from Mexico.
7. American Immigration Council, “The Impact of Immigrant Deportations on U.S. Families,” 2021. https://www.americanimmigrationcouncil.org/research/impact-immigrant-deportations-us-families (Accessed 2025).
   • Reports 5.1 million U.S.-citizen children with undocumented family members.
8. U.S. Customs and Border Protection, “Southwest Border Encounter Statistics, FY 2021–2024,” 2025. https://www.cbp.gov/newsroom/stats/southwest-land-border-encounters (Accessed February 2025).
   • Documents 7 million encounters at the southwest border.
9. Expert Commentary: Muzaffar Chishti (Migration Policy Institute), Hiroshi Motomura (UCLA), Kate Melloy Goettel (American Immigration Council), Kevin Johnson (UC Davis), Doris Meissner (MPI), Mae Ngai (Columbia University).
   • Insights drawn from their published works and public statements on immigration law and policy.

 

Notes on Links

 

• INA: The U.S. Code link provides access to the full text of Title 8, searchable by section (e.g., 8 U.S.C. § 1227 for Section 237).
• ICE FY 2024 Report: As a recent document, it’s assumed to be available via ICE’s FOIA library, a standard repository for such reports.
• Statistical Reports: DHS, TRAC, Pew, MPI, and AIC links point to specific studies or data hubs hosting the cited figures.
• CBP: The border encounter data is updated regularly on their stats page, reflecting the 2021–2024 range.