Removal Process

As part of its mission, ERO removes individuals from the U.S. who are subject to final orders of removal, which may be issued by an immigration judge within the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) or through other administrative means.

Once an individual receives a final order, ERO facilitates the individual’s safe return to his or her country of origin in accordance with both United States immigration laws, as well as international commitments and any bilateral agreements which may be in place.

Since ERO removes foreign nationals to more than 150 countries each year, removal management is a complex process which requires careful planning and coordination with a wide range of domestic and foreign partners, such as local government authorities, contract commercial air and charter service providers, and foreign embassies.

While most countries routinely partner with ERO to ensure the safe return of their citizens, there are cases where a country may not readily accept them. In those instances, ERO will work closely with Department of Homeland Security, Department of State and foreign government counterparts to elicit those countries’ compliance regarding their international obligation to accept or not unreasonably delay the return of their nationals ordered removed from the United States.

Removal Flights

Once an individual has received a final order of removal and ERO has coordinated with the necessary partners, ERO will arrange the subject’s return via chartered flight or commercial airline.

ERO uses contracted charter flights to transfer detainees throughout the United States to various ICE-managed detention facilities in preparation for removal, or to return individuals to their countries of origin. In addition, depending on geography, the number of persons being removed, and other case specifics, ERO also removes detained noncitizens via commercial airlines. Detainees may be escorted or unescorted on these commercial flights.