In April 2025, reports emerged that the Executive Office for Immigration Review (EOIR) had begun distributing and posting flyers nationwide on self deportation, titled “Message to Illegal Aliens: A Warning to Self-Deport.” These flyers, bearing the seal of the U.S. Department of Justice (DOJ), have been seen in immigration courts, lobbies, courtrooms, and sent with scheduling and grant orders. At Ahluwalia Law Offices, we caution foreign nationals and visa holders to understand the serious implications these flyers present.
While appearing to inform respondents of their options, these advisories are legally misleading, broadly worded, and may cause undue fear or encourage premature departure without a full understanding of one’s legal rights.
Key Issues with the Flyers
1. Ambiguous Language and Misrepresentation of Status
The flyers use the term “illegal aliens” without defining its scope or distinguishing between individuals in varying legal postures, including those who have pending relief applications or valid immigration status. This generalization can mislead individuals into thinking they are required to leave immediately—even when they may have legal avenues available.
2. Misleading Claims About “Safe” Self-Deportation
The suggestion that self-deporting allows respondents to “leave on their own terms” ignores the legal risks of departing the U.S. while in pending removal proceedings. Many individuals could face a removal order in absentia, which carries a non-waivable five-year bar to re-entry under INA §212(a)(6)(B), or become subject to 10-year inadmissibility bars under INA §212(a)(9).
3. Confusion Over Financial and Immigration Consequences
Statements like “keep money earned in the U.S.” and “future opportunity for legal immigration” if one self-deports are not only unclear but legally questionable. There is no evidence that leaving voluntarily absolves individuals of penalties under immigration law or enhances future eligibility. In fact, unlawful presence and removal orders often lead to long-term re-entry bars.
4. Omission of Due Process Rights
The flyers fail to explain that respondents have a statutory right to appeal immigration judge decisions and may not be removed while that appeal is pending. Threats of immediate detention or imprisonment also ignore the nuanced legal protections in place, including bond rights and the standard for re-detention.
5. Potential Grounds for Legal Challenge
The presence of these flyers in court documents and eROP systems like ECAS could be used to assert due process violations, especially if a respondent relied on them to their detriment. Attorneys may preserve the flyers in the official Record of Proceedings and submit client affidavits to support motions to reopen or remand.
Learn about the deportation process here.
Ahluwalia Law’s Guidance for Respondents
If you or a loved one has received one of these advisories, we strongly urge you to consult legal counsel before making any decisions regarding self deportation, departure or case strategy. Every immigration case is unique, and generalized advisories—especially those lacking legal accuracy—should not substitute for qualified legal advice.
At Ahluwalia Law Offices, we are committed to ensuring that foreign nationals, visa holders, and investors receive guidance grounded in the law—not misinformation.
For tailored legal advice, visit www.ahluwalialaw.com or schedule a consultation today.
