5 Most Common Reasons for Deportation in the United States

Deportation — officially called “removal” under U.S. law is the legal process the government uses to remove a non-citizen from the country. What is the most common reason for deportation? Historically, criminal convictions have topped the list. But 2025 marked a significant shift in how immigration enforcement operates: nearly 50% of detained and deported individuals in 2025 had no criminal record, representing a significant change from prior enforcement priorities that had primarily targeted people with serious criminal convictions.

Understanding the grounds for deportation matters now more than ever both for those who are currently in proceedings and for those who want to protect their status before a problem arises.

If you or a loved one is at risk of deportation, EMP Law immigration attorney Helen Parsonage can help. She represents clients across North Carolina including before the Charlotte Immigration Court in complex removal and deportation defense cases.

Please don’t hesitate to contact an Immigration lawyer online or call (336) 724-2828 today for a consultation.

What Is Deportation?

Deportation, officially called removal, is the process the U.S. government uses to make a non-citizen leave the country. The Department of Homeland Security (DHS) begins removal proceedings by issuing the non-citizen a Notice to Appear (NTA).

The NTA requires the non-citizen to appear in immigration court, where a judge determines whether they should be removed. The next steps in the process include:

• Master calendar hearing. A short hearing where the judge reviews the charges and sets deadlines.
• Individual (merits) hearing. The non-citizen presents evidence, testimony, and legal arguments to argue that the judge should not deport them.
• Decision. The judge issues a written decision about whether to deport the non-citizen.

Immigration and Customs Enforcement (ICE) has the authority to enforce immigration laws, but it cannot deport without a reason. If the judge decides the non-citizen should be removed, they base that conclusion on the non-citizen violating one or more immigration laws.

Who Can Be Deported?

Any non-citizen can be deported, including:

• Those with temporary humanitarian status,
• Temporary visa holders, 
• Green card holders, and 
• Undocumented individuals.

Only U.S. citizens cannot be deported. Green card holders can be deported, but have the right to plead their case in court before an immigration judge revokes their status.

Why Do People Get Deported?

What is the most common reason for deportation? What are the most common green card deportation reasons?

Non-citizens are frequently deported for the following reasons:

• Criminal activity,
• Being present in the U.S. without authorization,
• Immigration fraud,
• Violations of visa conditions, and
• Failing to attend deportation proceedings.

Criminal activity is the most common reason for the deportation of green card holders and other non-citizens, but non-criminal deportation is common, too. Let’s take a more detailed look at each of these reasons.

How Long Can ICE Hold You Before Deportation?

ICE detention length varies by case, but the law sets clear limits, including a 48-hour detainer hold, mandatory custody reviews after 90 days, and possible release under supervision after 180 days if removal is not reasonably foreseeable.

1. Criminal Convictions

Being convicted of a criminal offense can lead to deportation but the immigration law definition of which crimes qualify is broader and more complicated than most people expect.

Aggravated felonies

Aggravated felony” under immigration law (defined in 8 U.S.C. § 1101(a)(43)) does not mean what the term implies in everyday usage. The list includes serious crimes like murder, rape, and drug trafficking but it also includes many offenses that would surprise people, such as theft or fraud crimes where the sentence imposed is one year or more, even if suspended. Conviction of an aggravated felony typically results in mandatory deportation with no eligibility for most forms of relief.

Crimes involving moral turpitude (CIMTs)

Moral turpitude” is not defined in the Immigration and Nationality Act, but courts have consistently interpreted it to cover offenses involving fraud, dishonesty, or intent to harm others. This includes theft, assault, domestic violence, and fraud-related crimes. Whether a specific conviction triggers deportability often depends on the sentence imposed and when the conviction occurred relative to when the person was admitted to the United States. A single CIMT conviction within five years of admission with a sentence of one year or more can make a person deportable. Two or more CIMT convictions at any time can also be grounds for removal.

Drug-related offenses

Drug convictions with the limited exception of a first-time simple possession offense involving a small amount of marijuana are grounds for deportation. Importantly, a person can also be deportable for being a drug abuser or addict without a court conviction their own confession to drug use, or evidence in a medical report, could be enough.

Domestic violence, stalking, and child abuse

Conviction for domestic violence, stalking, child abuse, child neglect, or child abandonment, at any time after admission to the U.S., can form grounds for deportation.

The Laken Riley Act (2025)

A significant 2025 change: the Laken Riley Act, signed in January 2025, expanded detention authority to include non-citizens who are merely charged with or arrested for certain crimes not just those who have been convicted. This means that a pending charge, even without a conviction, can now trigger immigration detention and potential removal proceedings in certain cases.

2. Presence Without Authorization

Entering or remaining in the U.S. without legal status is another of the most common reasons for deportation. A non-citizen may be present without authorization if they:

• Overstay their visa,
• Enter without going through an official immigration checkpoint, or
• Violate the terms of their visa.

Overstaying a visa and entering without inspection are significant contributors to non-criminal deportations.

3. Immigration Fraud or Misrepresentation

Providing false information on immigration applications or using fraudulent documents can lead to removal. Examples include:

• Providing false information on a visa or green card application,
• Using a fake passport or Social Security number, and
• Marrying solely to gain immigration benefits.

Consequences of a fraud finding are severe and long-lasting. A finding of fraud or willful misrepresentation on an immigration application can result in a permanent bar from obtaining any future immigration benefit in the United States. This bar applies even if years pass and circumstances change. It is one of the few deportation grounds with no statute of limitations meaning it can be raised against someone who obtained a green card or visa through fraud decades earlier.

4. Violation of Immigration Status Conditions

For green card holders, spending two years or longer outside the U.S. may surrender permanent resident status. Temporary visa holders may violate their visas by:

• Working in the U.S. without legal authorization;
• Failing to maintain required activities, such as when an F-1 student visa holder does not remain enrolled in a full-time course of study; or
• Staying in the country if you are here on a spouse or dependent visa and the primary visa holder loses their legal status.

One frequently overlooked status condition: address reporting. All non-citizens are legally required to notify USCIS of any change of address within 10 days of moving. Failure to do so is technically a ground of deportability. While ICE rarely initiates removal proceedings on this basis alone, it can create complications during naturalization applications or other immigration filings when the violation is discovered.

Each immigration status has different requirements, and failing to follow them risks removal proceedings.

5. Failure to Appear for Immigration Proceedings

When you are placed in removal proceedings, you receive a Notice to Appear (NTA) telling you that you have a hearing scheduled in immigration court. Missing an immigration court hearing can result in an automatic removal order. This is called deportation in absentia.

Can You Get Deported for No Reason?

U.S. immigration law generally requires the government to have a specific legal reason and complete a formal process before it can remove a non-citizen from the country. U.S. immigration law does not allow deportation without cause, but it permits removal on broad grounds, including visa violations, criminal convictions, fraud, security risks, public charge determinations, and expedited removal processes that may occur without full court review.
Confusion may arise about the reasons for deportation when, for example, a case involves:

• Administrative errors with immigration paperwork or notices getting sent to the wrong address;
• Someone not realizing they were previously ordered removed years earlier, often in absentia (without their presence because they missed the hearing); and
• A visa holder who misunderstands their status, for example, by not realizing that losing a job, changing schools, or traveling abroad for too long has affected their status.

Valid deportation requires an underlying legal reason. An experienced immigration lawyer can identify the problem, reopen the case, or request relief from removal.

Can Legal Immigrants Get Deported?

Deportation reasons and potential defenses can apply differently depending on your legal status. Even with a valid green card or visa, the government can deport non-citizens who violate immigration law. Temporary status holders, however, can typically violate their statuses in more ways.

Green Card Holders (Lawful Permanent Residents)

Green card holders generally have the right to live in the U.S. indefinitely unless they violate immigration law. They may face deportation for:

• Criminal convictions, especially aggravated felonies or crimes involving moral turpitude;
• Fraud or misrepresentation when obtaining residency; or
• Abandonment of residence, such as living abroad for extended periods.

If you hold a green card, deportation generally requires formal proceedings before an immigration judge.

Temporary Visa Holders

The government can deport individuals in the U.S. on temporary visas, such as students, tourists, or temporary workers, if they violate the conditions of their visa or exceed their authorized stay. Common examples include:

• Working without authorization,
• Failing to depart when the visa expires, and
• Dropping out of a required academic program.

Temporary visa holders typically have fewer options to defend against deportation, as their right to remain in the U.S. is already temporary.

Humanitarian Status

Individuals with humanitarian protections can face deportation if they commit crimes or lose their eligibility for protected status. For example, a TPS (Temporary Protected Status) holder can lose protection if their country’s designation ends. 

Undocumented Individuals

Undocumented immigrants, who entered without inspection or overstayed visas, have the fewest rights and protections. If the government identifies an individual it determines is undocumented, it can typically deport them for that reason alone.

Expedited Removal

In some cases, the government uses a process called expedited removal. The procedure allows immigration officers, rather than judges, to order the removal of certain non-citizens without a court hearing.

Expedited removal usually applies to:

• Individuals caught at or near the border attempting to enter without valid documents,
• People who entered unlawfully and have been in the U.S. less than two years, or
• Those who present fraudulent travel documents or misrepresent their identity when seeking admission.

Under these circumstances, the government can issue a removal order without consulting an immigration judge.

Your Rights During Deportation Proceedings

Even if you are not a U.S. citizen, you have rights under U.S. law if the government places you in deportation proceedings. You have the right to:

• Be represented by an attorney at your own expense,
• Receive written notice of all hearings and decisions,
• Present evidence in your defense,
• Request release on bond in certain cases, and
• Appeal an unfavorable decision.

If immigration agents detain you, contact a lawyer and never sign documents you do not understand.

Defenses Against Deportation

The fact that the government is trying to deport you does not mean it will necessarily succeed. You may defend against deportation by qualifying for:

• Asylum or Convention Against Torture (CAT) protection. Protection for people who fear serious harm because of their race, religion, nationality, political beliefs, or identity.
• Cancellation of removal. Allows some non-citizens to avoid deportation if they meet specific requirements, such as long-term residence in the U.S. and good moral character.
• Adjustment of status. Allows qualified individuals to apply for a green card without leaving the U.S.

Defenses Against Deportation”

(Keep existing content — add one missing defense: withholding of removal)

After the existing bullet list, add:

Withholding of removal. Similar to asylum but with a higher burden of proof — requires showing that your life or freedom would be threatened in your home country. Unlike asylum, withholding does not have a one-year filing deadline and can be granted even to individuals with certain criminal convictions that would bar asylum. It does not lead to a green card but prevents removal to the specific country where harm is feared. Every case is different, so you may still have options even if none of the above sound promising.

What Are the Consequences of Deportation?

Deportation is not simply a requirement to leave the country. It carries legal consequences that can follow a person for years — or permanently.

Re-entry bars

When someone is formally removed from the United States, a bar on re-entry is automatically triggered. The length of that bar depends on the circumstances:

• 10-year bar: Applies to most individuals who are ordered removed after a formal immigration court proceeding.
• 20-year bar: Applies to individuals who have been ordered removed two or more times.
• Permanent bar: Applies to individuals who have been removed and then re-entered or attempted to re-enter the U.S. illegally. It also applies to anyone who was removed after being convicted of an aggravated felony. This bar can only be overcome by applying for a special waiver, and approval is rare.

Criminal consequences for re-entry

Illegal re-entry after deportation is a federal crime under 8 U.S.C. § 1326. Depending on the circumstances of the original removal, re-entry can carry a sentence of up to two years in federal prison or up to 20 years if the original deportation followed an aggravated felony conviction.

Impact on family members in the U.S.

Deportation does not automatically remove a person’s U.S. citizen or lawful permanent resident family members, but it separates families often for years or permanently. U.S. citizen children may remain in the United States, but the deported parent cannot return without legal permission.

Can you apply to come back after being deported?

In some cases, yes — but the process is difficult. A person subject to a re-entry bar must apply for Permission to Reapply for Admission (Form I-212) before attempting to return. Approval depends on factors including the reason for the original removal, family ties to the U.S., time elapsed, and whether any criminal history is involved. There is no guarantee of approval.

Frequently Asked Questions

What is the most common reason for deportation?

Criminal convictions have historically been the leading stated reason for deportation particularly aggravated felonies, crimes of moral turpitude, and drug offenses. However, the enforcement landscape shifted significantly in 2025. ICE data shows that a growing proportion of removal actions now target individuals with no criminal record people who are deportable solely on immigration grounds such as unlawful entry, visa overstay, or a prior removal order. Understanding the full range of deportable grounds not just criminal ones is essential.

Can you be deported with a green card?

Yes. Lawful permanent residents can be deported for criminal convictions (particularly aggravated felonies and crimes of moral turpitude), for fraud or misrepresentation in obtaining their green card, or for abandoning U.S. residence by living abroad for extended periods. Green card holders have the right to a hearing before an immigration judge before any removal order is issued unlike some categories of non-citizens who may face expedited removal. If you are a green card holder facing removal proceedings, consult an immigration attorney immediately

Can you be deported if you have a U.S. citizen child?

Having a U.S. citizen child does not automatically protect a parent from deportation but it is a meaningful factor in certain defenses. For cancellation of removal (the non-LPR version), one of the eligibility requirements is demonstrating that removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. A U.S. citizen child can also be the basis of a family visa petition though that process typically takes years and does not stop ongoing removal proceedings on its own. An attorney can evaluate whether any of these pathways apply in your situation.

Can you be deported for a DUI?

Possibly, depending on the circumstances. A DUI conviction does not automatically trigger deportation, but it can create immigration problems in several ways. In some states and depending on how the offense is charged, a DUI may be classified as a crime of moral turpitude or may fall within another deportable category. A DUI can also affect eligibility for naturalization by raising questions about good moral character. The Laken Riley Act (2025) has also made it easier for ICE to detain immigrants with certain pending charges. If you are a non-citizen who has been arrested for DUI, consulting both a criminal defense attorney and an immigration attorney at the same time is strongly advisable.

Can legal immigrants be deported?

Yes. Anyone in the United States without U.S. citizenship including green card holders, temporary visa holders, people with asylum status, and TPS holders can potentially be deported if they violate immigration law or commit a deportable offense. The grounds, the process, and the available defenses differ depending on your current status. Only naturalized or birthright U.S. citizens are protected from deportation (with the narrow exception of naturalized citizens who obtained citizenship through fraud).

What happens after a deportation order is issued?

Once an immigration judge issues a final order of removal, you generally have 30 days to file an appeal with the Board of Immigration Appeals (BIA). Filing an appeal typically stays (pauses) removal while the appeal is pending. If the BIA upholds the order, further review may be available in the federal circuit court in North Carolina, that is the Fourth Circuit Court of Appeals. If all appeals are exhausted, ICE will coordinate the removal including obtaining travel documents from the country of origin and arranging transportation. An attorney can also file a motion to reopen or reconsider, or seek a stay of removal, while pursuing other forms of relief.

You’re Not Alone—Let EMP’s Immigration Lawyers Guide You Forward

If you or a loved one is facing deportation, you need experienced legal representation. EMP Law is dedicated to protecting the rights of non-citizens and providing strong defense strategies in removal proceedings.

We understand how overwhelming immigration issues can be. We’re here to provide answers and take action on your behalf. Contact us today for a confidential consultation and let our team help you fight for your future.

Helen L. Parsonage

Helen believes in providing caring, thoughtful and thorough representation for each and every person.

In particular, Helen focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation.

She represents clients facing criminal charges in both state and federal court. She is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.

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