Legal Experts Offer Differing Views of Self-Deportations Under Trump as Crackdown Set to Begin

The term "self-deportation" originally made its way to the U.S. political lexicon back in 2012 when Mitt Romney, then presidential candidate, advocated for it during a Florida presidential debate. Romney, answering a question about how he planned to get undocumented immigrants already in the U.S. to leave the country, said:

"The answer is self-deportation, which is people decide they could do better by going home because they can't find work here because they don't have legal documentation to allow them to work here"

Back then, as America's Voice reported, "the audience tittered, and Twitter promptly lit up with sarcastic responses."

The term, however, remained prevalent among conservative circles, and, as The New York Times reported in a sprawling piece back in July of 2024, "instead of directly pressuring undocumented adults to flee," some immigration opponents were "threatening access to school for their children."

Thomas Homan, Trump's incoming "border czar" was one of the first members of his cabinet to bring back the use of "self deportation" after the Republican's November 5 election. "Criminals and gang members get no grace period," Homan told Fox News. "While we're out prioritizing the public safety threats and national security threats, if you wanna self-deport, you should self-deport because, again, we know who you are, and we're gonna come and find you."

In recent days, as the Trump administration has finally taken office and the reality of its immigration policies starts sinking in, the concept of self deportation has gone from being a buzzword to something very real, as analysts have reported that many immigrants , with and without legal status, are already leaving the country out of fear.

The Latin Times reached out to two immigration lawyers to not only understand the legal ramifications of self deportation but the implications of fear-driven policies in the immigrant population of the United States.

Hector Quiroga, immigration attorney at the Quiroga Law Office, PLLC

• "Voluntary departure or self-deportation is a legal option for undocumented immigrants to leave the United States on their own, avoiding the serious consequences of a formal deportation. This allows immigrants to avoid a re-entry ban to the country of up to 10 years, enabling future legal entry. It is particularly useful for those without significant criminal records, since it does not leave deportation marks on their record."
• "It is important to highlight that this decision requires careful analysis because not everyone qualifies for this option. It is necessary to meet requirements such as a good moral record and the financial capacity to leave the country. This scenario reinforces the need for immigrants to seek early legal advice, with the aim of discovering the best available process."
• "The immigration outlook for 2025 poses great challenges for immigrants. The reactivation of strict policies could put thousands of families at risk, while voluntary departure or self-deportation remains a viable alternative in this context."

Juan De Pedro, Immigration Attorney at De Castroverde Law Group

• "Regardless of the administration, using fear avoids the need for formal, actionable policies that could be subject to legal challenges. It's critical to counteract this by ensuring that immigrants are informed about their rights and available options. Decisions should be guided by law, not fear or misinformation."
• "Fear, especially the fear that can come about from an incoming administration, often magnifies the risks immigrants face, and those fears are often minimized when legal counsel is brought on. In the face of fear-mongering, empowerment through knowledge of your legal rights is the best course of action."
• "The broader chilling effect shows that anti-immigration rhetoric doesn't just target the undocumented, but it targets entire communities and leads to greater erosion of trust. If immigrants feel that the system is no longer fair or accessible, they might opt to leave rather than endure years of uncertainty."