You still have legal rights during deportation and removal proceedings in the United States. These legal protections can help you challenge removal, seek relief, and stay with your family and community. But timing is everything. The sooner you hire an attorney for deportation defense, the better your chances of success.
If you’ve been detained, issued a Notice to Appear (NTA), or are worried about immigration enforcement, Chicago immigration attorney Bonita Cho will help make sure your rights are protected. Call Cho Immigration Law at 312-853-3088.
What Are Your Legal Rights During Deportation?
Even if you are not a U.S. citizen, you have rights under the law. These include:
The Right to Remain Silent
Prior to and during deportation, you have the right to remain silent. You are not required to answer questions about where you were born, your immigration status, or how you entered the country. However, some states may require you to identify yourself by name before asserting your right to silence. It’s best to say, calmly and clearly, “I choose to remain silent and want to speak with an attorney.”
Do not lie or present false documents — this can hurt your case later.
Exercising your right to remain silent will help you avoid direct questioning until you can receive representation from deportation attorneys.
The Right to Avoid Warrantless Searches
You can refuse to consent to warrantless searches of your possessions or property by immigration officers. Immigration and Customs Enforcement (ICE) officers often show up without a warrant. Unless they have a judicial warrant signed by a judge, you have the right to refuse a search of your home or belongings. You can say, “I do not consent to a search.”
However, officers may still conduct a limited pat-down of your clothing if they suspect you are armed. This is legally distinct from a full search and does not require your permission.
The Right to Hire a Deportation Defense Lawyer (at your own expense)
If you are detained by immigration authorities or local law enforcement, you have the right to hire a deportation defense lawyer to represent you. However, you must pay for legal counsel for the immigration portion of your case yourself.
Immigration proceedings are considered civil matters, not criminal ones. As such, if U.S. Immigration and Customs Enforcement (ICE) detains you, the government is not required to provide a public defender. If you’re arrested by police for criminal charges unrelated to immigration, a court-appointed attorney may represent you in the criminal case. Even then, you’ll need a separate lawyer for your deportation proceedings.
The Right to Make a Phone Call
You can make a private phone call if the police arrest you. You can make this call from the police station or another facility where police take you. Law enforcement officers cannot legally listen in on calls between you and your attorney.
What Triggers Deportation?
You may be placed into removal proceedings for any of the following reasons:
- Entering the country unlawfully
- Overstaying a visa
- Being convicted of certain criminal offenses, including crimes involving moral turpitude or aggravated felonies
- Violating conditions of your visa or green card
- Working without authorization
In some cases, the government may issue a Notice to Appear (NTA) even if the violation was minor or occurred years ago. If you receive an NTA, do not ignore it — doing so can result in an automatic removal order.
What Are the Consequences of Deportation?
Deportation can have long-term consequences for your future in the United States. Depending on the circumstances, you may face a ban on reentry that lasts:
Five-Year Ban
Deportees will be unable to return to the U.S. for five years under certain circumstances. For example, they’ll receive a five-year ban if the government deports them at an American port of entry or border when deemed inadmissible for immigration.
People may also receive this ban if they undergo formal removal proceedings to issue their removal or deportation after initially coming to the U.S. You will also be banned for five years if you leave during the middle of immigration court proceedings or fail to attend them.
10-Year Ban
You may receive this ban if an Immigration Judge sees your case and decides on removal, regardless of your presence at the hearing.
20-Year Ban
Individuals who attempt to reenter the U.S. before their 10-year ban has ended will receive a 20-year ban preventing their return.
Permanent Deportation
You may be unable to enter the country after any period of time if you attempt to enter after being deported or if you have a criminal conviction for an aggravated felony.
You can discuss the ban you face with an attorney, who may be able to prevent the government from deporting or removing you. Attorneys can also answer questions you might have about reentering the country after deportation, such as, “Can a deported person come back legally by marrying a citizen?”
What Is a Custody Redetermination Hearing?
If ICE detains you, you may be able to ask for a custody redetermination hearing — often called an immigration bond hearing. This gives your lawyer a chance to:
- Argue that you are not a danger or flight risk
- Present evidence of your community ties, employment, and family relationships
- Ask the judge to release you while your case is pending
Not everyone is eligible for bond, especially if you’ve been convicted of certain crimes, but it’s an essential early step in many deportation defense strategies.
Legal Relief From Deportation: Options May Be Available
There are several forms of legal relief that could help you remain in the U.S.:
- Asylum or withholding of removal if you face persecution in your home country
- Cancellation of removal if you meet specific residency and hardship requirements
- Adjustment of status if you’re eligible through marriage, employment, or another pathway
- Deferred action or prosecutorial discretion in limited cases
- Voluntary departure, which avoids the legal consequences of forced deportation
Your attorney will assess your eligibility for each and help you build a strong case.
Can a Deported Person Come Back to the U.S.?
Sometimes — but it’s difficult. You may be able to return if:
- You qualify for a waiver of inadmissibility
- You marry a U.S. citizen and apply for a green card (subject to additional scrutiny)
- You win an appeal or motion to reopen your original case
Your immigration lawyer can help you file the correct applications with USCIS and navigate the EOIR court system.
Surge in ICE Arrests: Violation of Immigrants’ Rights in Illinois
If you’re living or working in Illinois, even without a criminal record, you could still be at risk.
Recent data reveals a troubling shift in immigration enforcement: ICE is increasingly arresting people without criminal charges in Illinois and the broader Midwest.
Between January 20 and May 21, 2025, ICE made 4,775 arrests in its Chicago-area jurisdiction. Among those:
- 32% had prior criminal convictions
- 32% were still facing pending charges
- 36% had no criminal history at all
Statewide, the pattern reflects broader trends: in July 2025, 31% of ICE arrests in Illinois involved individuals without criminal charges.
This marks a significant departure from previous enforcement priorities, which focused on “the worst of the worst.” Civil rights organizations argue these arrests are violating rights, especially since some occurred without valid warrants, probable cause, or due process.
This reality underscores the urgency of having a skilled deportation defense lawyer to defend against civil ICE actions, including expedited removal and court arrests.
Don’t wait until it’s too late. Hire a Chicago deportation defense attorney today.
Know Your Legal Rights During Deportation
Knowing how the deportation process works and your legal rights during deportation and removal proceedings can help you take the right steps to avoid the consequences of deportation, whether you’re able to argue that you’re able to remain in the country legally or wish to voluntarily depart.
Frequently Asked Questions About Deportation and Your Rights (FAQ)
Can ICE deport me without a hearing?
Not usually. Most people have the right to appear before an immigration judge. But expedited removal can apply in certain border or visa waiver situations.
What is a Notice to Appear (NTA)?
It’s a charging document that initiates removal proceedings. If you receive one, contact an attorney immediately.
Do I need a lawyer for deportation court?
Technically, no — but immigration law is extremely complex. Having a lawyer drastically improves your chances of staying in the U.S.
Can I be deported for a misdemeanor?
Some misdemeanors — especially those involving moral turpitude or domestic violence — can lead to removal.
Want to learn more about your legal rights when getting deported and avoid the potential issues associated with deportation? Cho Immigration Law can help you build a strong case in your favor.
