The ICE Trap: Deportation Without Due Process

Since 2014, an unprecedented surge of in absentia removal orders has resulted in the deportation of tens of thousands of noncitizens, often at the expense of due process. The Immigration and Nationality Act (INA) permits an immigration judge to order a noncitizen removed in absentia—that is, “in the absence” of the noncitizen—if the government establishes by clear, unequivocal, and convincing evidence that a written notice, called a notice to appear (NTA), was provided to the noncitizen and that the noncitizen is removable.

70 <abbr>UCLA</abbr> L. <abbr>REV</abbr>. <abbr>DISC</abbr>. 136 (2022)

About the Author

Kathleen H. Pierre, J.D. 2021, Yale Law School. Jennifer Aronsohn, J.D. 2021, Northwestern Pritzker School of Law; Law Clerk, Arizona Supreme Court. Brandon Slotkin, J.D. 2021, Cornell Law School; Associate, Bernstein Litowitz Berger & Grossmann LLP. John Donley, J.D. 1985, University of Chicago Law School; Of Counsel, Kirkland & Ellis LLP. The authors wrote t his Essay principally while attorneys at Kirkland & Ellis LLP. Thank you to Michelle T. Denny, Senior Legal Assistant, Kirkland & Ellis LLP, for phenomenal assistance and support.