Legal experts are urging immigrants, including international students in the United States, not to hastily choose voluntary departure out of fear if detained by Immigration and Customs Enforcement (ICE).
New York-based immigration attorney Basu Phulara warns that ICE may pressure detainees into signing Voluntary Departure paperwork, which requires them to leave the country at their own expense. He cautions that signing such documents out of fear, misunderstanding, or coercion may result in waiving important legal rights.
“If ICE (Immigration and Customs Enforcement) approaches you, it’s crucial not to sign any documents before consulting with a lawyer. Always remember your right to remain silent, and don’t sign anything until you’re clear on what it means and have received proper legal guidance,” said Phulara.
The U.S. Department of Justice’s Executive Office for Immigration Review (EOIR) states that Voluntary Departure should only be considered after evaluating all legal options, as it can have long-term immigration consequences.
Even if detained by ICE, individuals have constitutional and immigration law rights, including access to legal alternatives. According to the EOIR guide on Voluntary Departure, individuals who accept this option may lose their opportunity to apply for asylum, cancellation of removal, or adjustment of status. Attorney Phulara emphasizes that detainees should consult a qualified immigration lawyer—whether paid or pro bono—before signing any documents, as they may still qualify for relief under U.S. immigration laws.
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According to the EOIR guide, Voluntary Departure allows an individual to leave the U.S. at their own expense within a specific period to avoid a deportation order. There are two types: pre-conclusion Voluntary Departure and post-conclusion Voluntary Departure. Pre-conclusion Voluntary Departure must be requested at the beginning of an immigration case, while post-conclusion Voluntary Departure is granted at the final hearing and is more difficult to obtain. The EOIR guide warns that once an individual chooses Voluntary Departure, they must leave the U.S. within the designated period, or they will face fines and penalties that could make reentry significantly harder.
One of the main benefits of Voluntary Departure, as stated in the EOIR guide, is that it prevents a deportation order from being placed on an individual’s immigration record. A deportation order can bar reentry for up to 10 years and make individuals ineligible for certain immigration benefits. Additionally, individuals who take Voluntary Departure may have more legal pathways to return to the U.S. in the future, including applying for a visa from their home country or having a family member in the U.S. petition on their behalf. However, these options may not be available for those who receive a formal deportation order.
Despite these benefits, the EOIR guide highlights the drawbacks of Voluntary Departure. The individual must leave the U.S. at their own expense, as ICE does not provide financial assistance for travel. Furthermore, individuals who accept Voluntary Departure must admit to being unlawfully present in the U.S. and withdraw any pending immigration applications. The EOIR guide also makes it clear that failing to leave within the designated time frame can result in severe penalties, making it much harder to reenter the U.S. legally in the future.
To qualify for pre-conclusion Voluntary Departure, the EOIR guide states that an individual must request it before their final hearing, acknowledge their unlawful presence, withdraw any applications to stay in the U.S., prove they have the financial means to leave, and demonstrate good moral character. However, individuals convicted of an aggravated felony do not qualify for Voluntary Departure, according to the EOIR guide.
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While Voluntary Departure may seem like an easier alternative to deportation, the EOIR guide advises individuals to carefully consider their legal options. Those who may qualify for asylum, cancellation of removal, adjustment of status, or other legal defenses should fight their case rather than accept Voluntary Departure. The guide strongly recommends that individuals consult an immigration attorney before making any decisions.
For those seeking free legal assistance, the List of Pro Bono Legal Service Providers can help detainees understand their options.
Disclaimer: This information is for general purpose and does not constitute legal advice. Individuals should consult a licensed attorney for legal guidance.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
