Stipulated removal

Stipulated removal is a summary deportation procedure used in immigration enforcement in the United States. Stipulated removal occurs when a noncitizen who is facing removal proceedings and is scheduled for a hearing with an immigration judge signs a document stipulating that he/she is waiving the right to trial and to appeal, and is prepared to be removed immediately. The stipulation of removal must still be signed off by the judge before whom the hearing is to take place, but the noncitizen need not be physically presented to the judge. It is authorized under Section 240(d) of the Immigration and Nationality Act of 1965 According to the United States Code of Federal Regulations: "A stipulated order shall constitute a conclusive determination of the alien’s removability from the United States." Stipulated removal applies only to those who are scheduled for regular removal proceedings, and does not apply to people who are being removed through other summary procedures such as expedited removal, reinstatement of removal, or administrative removal for aggravated felons.

Stipulated removal was formally launched in 1995 with the stated goal of alleviating overcrowding in federal, state, and local detention centers. However, it began to be used in a significant way only starting 2004, when George W. Bush, the President of the United States at the time, started ramping up immigration enforcement. Between 1999 and 2003, a total of 6 people were subject to stipulated removal. On the other hand, the number of people subject to stipulated removal increased from 5,491 in 2004 to over 30,000 by 2007. Between 2004 and 2009, the detention facilities at Eloy and Chicago together accounted for over a third of the stipulated removal orders. The total number of stipulated removals exceeded 160,000 as of September 2011, and the majority of individuals targeted for stipulated removal hailed from Mexico.

In September 2010, the 9th United States Circuit Court of Appeals ruled that immigration officials at Eloy had violated the rights of Isaac Ramos, an illegal immigrant from Mexico with prior criminal convictions, in 2006. In response, new guidelines for stipulated removal were issued according to which the noncitizen could sign the stipulated removal order only if he or she had legal representation (legal representation is not provided at taxpayer expense).

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