Can ICE Deport You Without a Court Hearing? What You Need to Know

Many people living in the U.S. without legal status worry that ICE (Immigration and Customs Enforcement) can catch them on the street and deport them immediately. While this fear is understandable, it is not entirely accurate. In most cases, ICE cannot legally deport someone without first giving them a chance to appear before an immigration judge.

Your Right to a Hearing

Under U.S. immigration law, the government must follow due process before deporting someone. For most people, this means:

• ICE must first serve a Notice to Appear (NTA) that outlines the immigration charges.

• The individual then has the right to a hearing in immigration court where they can contest the charges or apply for relief, such as asylum or cancellation of removal.

• If an immigration judge orders deportation, the individual has the right to appeal to the Board of Immigration Appeals and even to federal court in some cases.

ICE is only allowed to deport someone after a final order of removal has been issued and any appeals are complete or the time to file an appeal has passed. This process exists to protect people from being removed unfairly or without a full review of their case.

When Deportation Can Happen Without a Hearing

There are important exceptions that allow ICE to deport certain individuals more quickly:

• Expedited Removal: People who are undocumented or caught entering the U.S. without proper documents and cannot prove that they have been in the U.S. for at least two years may be deported without seeing a judge. This applies mostly to recent arrivals and people who do not express fear of returning to their home country. Note that previously expedited removals were limited to people caught within 100 miles of a U.S. border; however, in January 2025, the Trump administration expanded the application of expedited removal to undocumented persons apprehended anywhere in the U.S. 

• Stipulated Removal: Some individuals in detention may sign a document agreeing to be deported without a hearing. This is often done under pressure or without legal advice.

• Reinstatement of Removal: If someone was previously deported and then reenters the U.S. illegally, ICE can reinstate the old removal order without a new court hearing. This means the person can be deported again without going before an immigration judge. However, if the person expresses a fear of returning to their country, they must be given a reasonable fear interview with an asylum officer. If they pass that screening, they can seek limited protections such as withholding of removal or relief under the Convention Against Torture.

These exceptions are limited by law, but in practice, there have been serious concerns that ICE has not always respected these limits.

Recent Concerns About Due Process Violations

In early 2025, immigration attorneys raised alarms about a plan to deport migrants to Libya. Some of these individuals were not Libyan nationals, and many were reportedly not given proper hearings. In response, a U.S. district judge ruled that deporting them without evaluating the risks of persecution or torture would violate existing court orders.

This case highlights a disturbing trend where some individuals are being deported without the full legal process they are entitled to. Advocacy groups and federal judges have stepped in to stop unlawful deportations, but these situations show how important it is to know your rights and seek legal help.

What This Means for You

If ICE stops someone, that person may be detained, but they still have rights. Unless they fall under a narrow exception like expedited removal or reinstatement, they must be given the chance to see a judge. ICE cannot lawfully deport someone on the spot unless they already have a final order of removal.

Anyone facing removal should consult an experienced immigration attorney as soon as possible. A lawyer can review the case, check for any valid defenses or forms of relief, and make sure the government follows the law.

Tran Flores Law understands how frightening and confusing the deportation process can be. We are committed to sharing reliable, up-to-date information to help immigrant families stay informed and protect their rights. Follow us for the latest immigration updates and resources.