Can A Detained Immigrant Request Voluntary Departure?

In some immigration cases, a detained immigrant may have the option to request voluntary departure as an alternative to being formally deported. This option allows individuals to leave the United States on their own terms, rather than facing formal removal proceedings. However, there are specific eligibility requirements, benefits, and potential consequences that immigrants must consider before requesting voluntary departure.

Can A Detained Immigrant Request Voluntary Departure?

Eligibility for Voluntary Departure:

General Eligibility:

To be eligible for voluntary departure, the immigrant must meet certain criteria. These include:

• They must not have a serious criminal record or other issues that could disqualify them.
• The immigrant must have entered the U.S. legally or have been in the country for a reasonable period of time.
• They must request voluntary departure before being ordered removed by an immigration judge.

Specific Conditions for Detained Immigrants:

Detained immigrants can request voluntary departure, but the request must be made before the immigration court issues an order of removal. They must also be willing to leave the U.S. at their own expense and within a set time frame. If granted, voluntary departure can allow them to leave the country without facing the formal penalties of deportation.

Benefits of Voluntary Departure:

Avoiding Deportation Record:

One of the main benefits of voluntary departure is that it does not result in a deportation order. A deportation order can have serious long-term consequences, including being barred from re-entering the U.S. for several years or even permanently. Voluntary departure does not carry the same penalties, making it a less damaging option for future immigration opportunities.

Faster Exit:

Voluntary departure typically allows the immigrant to leave the country faster than they would under a deportation order, which can involve a lengthy removal process. In some cases, an immigrant may be allowed to leave the U.S. within 30 to 60 days of the request being granted, depending on the circumstances.

Eligibility for Re-entry:

Individuals who are granted voluntary departure are generally eligible to re-enter the U.S. in the future, unlike those who are deported. While this re-entry is subject to immigration laws, it can significantly improve an immigrant’s chances of returning to the U.S. legally after a certain period.

Requirements for Voluntary Departure:

Immigration Court Decision:

To request voluntary departure, the immigrant must make the request before the immigration judge renders a decision on their case. The judge may grant voluntary departure if the immigrant satisfies the eligibility requirements.

Financial Responsibility:

The immigrant is responsible for paying for their travel expenses to return to their home country. If they are unable to pay, they may not qualify for voluntary departure. Additionally, the immigrant must leave the U.S. by the date specified by the judge or immigration authorities.

Departure Within the Time Frame:

The immigrant must leave the U.S. within a specific time frame, usually 60 days, though this can vary depending on the case and the court's decision. Failing to leave within the required time frame can result in the individual being barred from reapplying for voluntary departure and may result in a formal deportation order.

Consequences of Choosing Voluntary Departure:

Failure to Depart on Time:

If the immigrant does not leave the U.S. within the specified time frame, they may face a deportation order and additional penalties. This could also bar them from requesting voluntary departure in the future.

Bar to Re-entry in Certain Cases:

In some cases, voluntary departure may still result in a bar to re-entry if the immigrant fails to comply with all conditions or has certain prior immigration violations. The re-entry bar can range from 3 to 10 years, depending on the specifics of the case.

Loss of Right to Appeal:

When voluntary departure is granted, the immigrant generally waives their right to appeal the decision. This means that if they change their mind or want to fight their removal, they will no longer be able to do so under the same legal process.

Legal Assistance:

It is highly advisable for detained immigrants to seek legal advice before requesting voluntary departure. An immigration lawyer can help assess the situation, review the benefits and risks, and ensure that the immigrant’s rights are protected during the process.

Alternatives to Voluntary Departure:

If an immigrant is not eligible for voluntary departure or prefers to challenge their case, they may have other options, including:

• Filing for asylum or another form of relief if they fear returning to their home country.
• Appealing the deportation order in a higher court.
• Seeking alternative relief that may allow them to remain in the U.S. while their case is processed.

Example:

Carlos, an immigrant detained by ICE, was facing deportation to his home country. After consulting with his attorney, he decided to request voluntary departure from the immigration judge. He met the eligibility criteria, agreed to leave the U.S. within 60 days, and paid for his own travel expenses. As a result, Carlos was able to return to his home country without a deportation order on his record, and he can apply to return to the U.S. legally in the future.

Conclusion:

A detained immigrant may request voluntary departure as an alternative to facing deportation, but the decision involves specific requirements, benefits, and risks. Voluntary departure allows immigrants to leave the U.S. on their own terms, avoiding the long-term consequences of deportation, but it is not available in every case and requires careful consideration. Legal counsel is highly recommended to ensure that the immigrant fully understands their options before making a request for voluntary departure.