Noncitizens in Deportation

Noncitizens in Deportation or Removal Proceedings

Whether an immigrant has been arrested by immigration authorities within the U.S., submitted an application to USCIS that was rejected, or successfully requested an asylum hearing upon entry to the U.S., his or her rights and claim for relief will be decided upon by an Immigration Judge, within the Executive Office of Immigration Review (EOIR). Learn how the system functions.

There are nearly 200 immigration detention facilities in the United States, usually located far from major cities. Some house several thousand detainees at any one time, mixing aliens who have criminal records with others who don't. Here’s an overview of what else to expect.


Physical Surroundings at Immigration Detention Centers

In most cases, men and women are housed separately; although there are also a number of family detention facilities, which primarily house women and child asylum seekers. Some detention centers have immigration courts and asylum offices inside the same buildings.

Not only do detention centers feel like prisons, in many cases, they are actually housed in correctional facilities, which are either operated by the federal government, the state, or an outsourced private company. Also, until you are released on bond or "reasonable supervision" or are granted the right to remain lawfully in the U.S., you may not know for how long you will be detained.

Do not let this discourage you. Instead, keep focusing on preparing a strong application in your defense, such as an application for asylum. Try to obtain as much information about the possibility for a bond hearing or to be released on a supervision order—your lawyer or a legal aid organization can help you with this.

Living conditions are difficult at detention centers.

You will likely be transported to a detention center in handcuffs, and sometimes in shackles.

Many of your personal belongings will be taken away from you, and you will be assigned a specific bed.

The guards will then refer to you based on the number of your bed or using your alien registration number.

You will most likely have to wear a jumpsuit uniform, and you will be guarded by uniformed officers. You will not be able to move around freely. You will sleep in a large room, with other detainees. Your privacy will be limited. Throughout the day, the guards will conduct several “counts” (during which you will be required to be next to your bed, while they are counting all the detainees). During “count” times, you will not be able to meet with visitors. Also, if you are meeting with visitors or your attorney during meal times, you might not be provided with food later.

Due to their remote location, some detention centers are far away from immigration courts. Instead of seeing your Immigration Judge, you might have any interviews and hearings conducted through video conferences.