Considering Self-Deportation? Important Factors to Know

May 9, 2025:

The previous administration introduced a program offering certain undocumented individuals financial and travel assistance to return to their home countries via the CBP Home app. This initiative included a one-way ticket and a $1,000 payment upon confirmed departure.

The program was presented as a “dignified” exit strategy, intended to help individuals avoid encounters with U.S. Immigration and Customs Enforcement (ICE) and potentially preserve future legal re-entry options.

Many individuals are now weighing the option of self-deportation, citing fear and anxiety about potential ICE apprehensions at their homes, workplaces, or in front of their families.

While the decision to self-deport rests with each individual, it’s crucial to understand the potential long-term consequences.

The American Immigration Lawyers Association (AILA) has criticized this program as “deeply misleading and unethical,” warning that it may create a false impression of consequence-free departure.

Key Considerations Before Self-Deportation:

• 3/10-Year Bar: Self-deportation can trigger the 3/10-year bar, which prohibits re-entry for up to 10 years for those who have been unlawfully present in the U.S. for over six months and then leave. This bar applies unless a waiver is granted.

• Future Legal Re-entry: Individuals who self-deport may face significant challenges in obtaining future legal entry. Overstaying a previous visa can disqualify them from visitor or student visas. They would likely require an approved immigrant visa petition from an employer or family member with a current priority date.

• Loss of Potential Legalization Options: Self-deportation may forfeit existing or future opportunities to legalize status within the U.S. For example, it could prevent individuals from obtaining a green card through a U.S. citizen child who turns 21 or a green card holder spouse who naturalizes.

• Due Process and Legal Rights: ICE cannot immediately deport individuals without due process. Individuals have the right to appear before an immigration judge and present their case, with legal representation. Self-deportation eliminates the opportunity to pursue potential legal remedies, such as cancellation of removal, which allows certain individuals to seek a green card based on factors like long-term U.S. residency and qualifying family relationships.

• Changing Political Landscape: It is important to consider that immigration policies can change. Future amnesties or other legalization programs may become available, and self-deportation could disqualify an individual from eligibility.

• AILA Recommendation: AILA strongly advises against making any decisions regarding self-deportation without consulting an experienced immigration attorney or qualified representative.

Conclusion:

Before making a life-altering decision to self-deport, it is vital to seek professional legal counsel to explore all available options and understand the potential implications.