Who Is Currently Deportable in the United States?

 Posted on March 25, 2025 in Immigration

Immigration enforcement does not take place only at U.S. borders. In the interior of the U.S., Immigration and Customs Enforcement (ICE) arrests, detains, and removes those it believes have violated immigration laws. While we usually think of deportation/removal proceedings as only affecting unauthorized immigrants, under the current administration, there are more groups of immigrants who could potentially be deported.

Our immigration laws are in a state of seemingly constant change, making it extremely difficult for most immigrants, as they may not know who is considered "deportable." If you are an immigrant currently in the United States and you are unsure of your status, speaking to an experienced Lombard, IL immigration attorney can be the single best step you can take to protect yourself and your family.

What Groups Are Being Deported?

The following groups of people are currently considered "deportable."

• Immigrants who are in the United States on a temporary visa
• Immigrants who have violated the terms of their visa (working on a visa that does not permit work, for example)
• Legal permanent residents (green card holders) who have been convicted of a crime
• Temporary visa holders who have been convicted of a crime
• Immigrants who have crossed the U.S. border illegally
• Immigrants who have overstayed their visa

The crimes that an immigrant may have been convicted of do not have to be violent crimes. Minor theft convictions – or even charges – or DUI charges or convictions may qualify for removal.

Currently, unauthorized immigrants who have a valid form of Temporary Protected Status, deferred action immigrants (DACA), or those with humanitarian parole are not necessarily being targeted for removal, but because their status is granted on a discretionary basis, they could possibly be revoked.

Historically, the vast majority of all deportations between 2021 and 2024 were from Mexico or Central America (87 percent). This is partially due to the fact that the U.S. government has repatriation agreements with Honduras, Guatemala, El Salvador, and Mexico.

What Happens After ICE Arrests a Non-Citizen in Illinois?

After an individual is arrested, he or she is taken to a processing center and interviewed by an ICE agent. Fingerprints are taken, and sometimes, the individual is given the opportunity to make a phone call to a family member. The western suburb of Broadview in Northern Illinois is the current processing center. Once at the processing center, a detainee could be held for hours before it is determined whether or not they will be detained. If ICE moves forward with removal, a notice to appear should be issued.      

The Way Forward Act in 2021 closed all detention centers, so those who are detained may be sent to centers in neighboring states. In most cases, this will be one of these three detention centers: Boone County Jail in Kentucky, Clay County Jail in Indiana, or Dodge Detention Facility in Wisconsin. If ICE believes the individual poses a security risk or has certain criminal convictions, they may be subject to mandatory detention. The recent Laken Riley Act allows the government to detain individuals for lesser criminal offenses like drug possession and even shoplifting.  

The individual detained should have the right to ask for a bond hearing in immigration court, but the typical bonds can range from $1,500 to more than $25,000. Many immigrants are unable to pay the bond, meaning they are required to remain in the detention facility. A new executive order causes noncitizens who cannot prove they have been in the United States for more than two years to be subject to expedited removal. This means they would not receive a bond hearing or an appointed attorney.

Contact a DuPage County, IL Immigration Lawyer

If you are able, for yourself or a loved one who is being detained, contacting a Naperville, IL immigration attorney from Mevorah & Giglio Law Offices is extremely important. Attorney Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than 40 years. Call 630-932-9100 today to schedule your free consultation.