Stipulated removal and voluntary departure

You can sometimes agree to be deported to get out of detention. You may do so by:

• Signing a “stipulated order of removal” and waiving any court hearing; or
• Asking for a “voluntary departure” during a hearing. 

Stipulated removal

Non-citizens may be offered a stipulated removal while in detention. It is often a bad idea to sign the stipulated removal order. Those who sign waive their rights to hearings before a judge. They also agree to have a removal order entered against them. This is true even if they are eligible to remain in the U.S. or to come back in the future.

The results can be harsh. You may never be able to legally return to the U.S. again. It is a federal felony to re-enter the U.S. following deportation in some cases.

Voluntary departure

Non-citizens in removal procedures may choose a voluntary departure. A voluntary departure allows a non-citizen to leave the U.S. by a certain date without an order of removal on their record. This can protect a non-citizen from the harsh consequences of an order of removal. However, if they don't leave within the time granted, they could face a fine and a ten-year bar.

Before agreeing to be removed from the U.S., you should speak with a lawyer. You should be more careful if you are a lawful permanent resident.