Even though Black immigrants are less likely to be in the United States without authorization in
comparison to other U.S. immigrants,35 Black immigrants face deportation at a disproportionate
rate. “Jamaica was the top country of origin in 2019, with over 772,200 Black immigrants in the
U.S.”36 The Black Alliance for Just Immigration estimates that twenty percent of immigrants
(one in five) facing deportation before U.S. immigration courts are Black.37 This number
includes both immigrants who have lawful permanent resident status and undocumented
migrants. In contrast, Black undocumented migrants account for 5.6% of the total
undocumented population living in the United States. 38 However, they are 10.6% of migrants in
deportation proceedings. 39
Any person who is not a U.S. citizen can be deported from the United States.40 The Immigration
and Nationality Act refers to all noncitizens as “aliens.” 41 Noncitizens include lawful permanent
residents (Green Card holders), visa holders (migrants temporarily in the United States), and
undocumented migrants (migrants in the United States without authorization).42 If a noncitizen
violates the Immigration and Nationality Act, they can be placed in deportation proceedings
before an immigration judge.43
There are two immigration law enforcement agencies within the U.S. Department of Homeland
Security (DHS):44 Immigration and Customs Enforcement (ICE)45 and Customs and Border
Protection (CBP).46 ICE focuses on policing and enforcing immigration laws inside the United
States, which means the deportation of noncitizens.47 The main way ICE enforces immigration
laws is through the criminal legal system.48 If a noncitizen engages in criminal conduct and is
charged with a crime or convicted of a crime, after the criminal proceedings are concluded, they
may be transferred into ICE custody.49 While in ICE custody, the noncitizen will be placed in
deportation proceedings, where they go before an immigration judge who determines in a
hearing whether they have committed a civil offense in violation of the Immigration and
Nationality Act requiring them to be removed from the United States.50