As the U.S. tightens immigration controls, deportations of Chinese immigrants continue

The Trump administration has confirmed that deportations of Chinese citizens are still underway, as part of a broader effort to enforce U.S. immigration law.

Earlier this week, an official with U.S. Immigration and Customs Enforcement (ICE) wrote in an email response to Voice of America (VOA) that any immigrant in the U.S. illegally will be removed by the agency.

"ICE continues to conduct removals of individuals to the People's Republic of China. Due to operational security considerations, ICE will not confirm future removals until the individual has been returned to their country of origin," the ICE official said in an anonymous background briefing on Tuesday. This is a common practice among U.S. officials.

VOA asked ICE for an update on the number of deportations to China and flight schedules, but as of Friday, the agency had not responded.

China has long taken a restrictive stance on accepting deportees, but recently it has signaled a greater willingness to accept returned citizens, leading to an increase in U.S. deportations. Large-scale deportation flights resumed in June of last year, the first since 2018.

On January 6, the U.S. Department of Homeland Security, through ICE, carried out the Biden administration's fifth deportation flight to China in less than seven months.

"These (Biden administration) flights are the product of this department's ongoing cooperation with Chinese counterparts to remove individuals who do not have a legal basis to remain in the United States," DHS said in a statement on January 10.

Expedited Removal

Under the Trump administration, deportations are accelerating and bypassing judicial review.

The Trump administration issued an executive order on January 21 expanding the scope of expedited removal (also known as fast-track deportation) to include immigrants who cannot prove they have been continuously present in the U.S. for more than two years.

The notice read: "The effect of this change will be to enhance national security and public safety, while reducing government costs by facilitating prompt immigration adjudications."

Expedited removal allows the U.S. government to quickly deport undocumented immigrants. Under expedited removal procedures, some non-citizens can be removed within a day, without an immigration court hearing or other appearance process.

ICE data from November shows that 37,908 Chinese citizens were on the list of those subject to removal but not yet in agency custody. December and January data have not yet been released.

On January 22, the American Civil Liberties Union (ACLU) filed a lawsuit over the Trump administration's expansion of expedited removal.

The ACLU argued in court filings that the new rule violates federal law and the Fifth Amendment's due process clause, effectively eliminating the comprehensive court hearings to which immigrants are entitled.

The organization also cited research showing that expedited removal is prone to errors, often leading to the wrongful deportation of immigrants.

Joanna Derman, director of Asian Americans Advancing Justice, told VOA that advocates are concerned the Trump administration will use "extreme options" to specifically target Chinese citizens for deportation.

"Especially in the event of a major escalation in U.S.-China tensions," she said, "but on the other hand, we are also mobilizing quickly now... We are providing resources for those most likely to be affected. The most vulnerable need to know what to do if ICE shows up at their school, workplace, or place of worship."

U.S.-China Deportation Cooperation

For years, China has been one of the countries that refuses or delays accepting deportees, complicating U.S. efforts to remove individuals with final removal orders.

Countries that do not negotiate or refuse to accept the return of their nationals are considered "recalcitrant" or "uncooperative." Recalcitrant countries do not accept the return of their nationals. Uncooperative countries accept some nationals back.

According to ICE officials and DHS removal operation documents, about 15 countries are considered uncooperative: Bhutan, Burma, Cuba, Democratic Republic of Congo, Eritrea, Ethiopia, Hong Kong, India, Iran, Laos, Pakistan, People's Republic of China, Russia, Somalia, and Venezuela.

ICE considers the following countries potentially recalcitrant: Bosnia and Herzegovina, Burkina Faso, Cambodia, Gabon, Gambia, Iraq, Jamaica, Nicaragua, South Sudan, Saint Lucia, and Vietnam.

At a press conference on Monday, Chinese Foreign Ministry spokesperson Mao Ning was asked whether Beijing intends to accept all Chinese citizens illegally staying in the U.S.

She said: "I suggest you ask the competent Chinese authorities. As a matter of principle, the Chinese government firmly opposes illegal immigration in any form and has carried out practical cooperation with immigration enforcement agencies of relevant countries, including the United States, achieving positive results. As for deportation, China's principle is 'verify first, then deport.' For Chinese citizens confirmed to be from mainland China after verification, we will accept them."

ICE's removal numbers reflect U.S. diplomatic efforts with China. DHS reported that as of November, the latest charter flight had returned 109 Chinese citizens, while October and June saw 131 and 116 returned, respectively.

According to DHS, the Biden administration's increased deportations coincided with China's efforts to reduce illegal immigration, leading to a 62% drop in Chinese migrant arrests at the U.S.-Mexico border, from 2,198 in June 2024 to 873 in December 2024.

January data has not yet been released.

Logistics and Costs of Deportation

An ICE official confirmed to VOA via email in late December that the U.S. government purchases commercial airline tickets for deportees and works closely with travel service providers to book the most cost-effective flights.

ICE decides whether to use charter or commercial flights based on operational needs. The agency did not share the per-person cost of either type of flight.

But the American Immigration Council estimates that deporting one million people per year would cost U.S. taxpayers about $88 billion, totaling nearly $1 trillion over ten years.

Despite Beijing's increased cooperation, China remains one of several countries that often refuse to accept their citizens or delay deportations.

In fiscal year 2024, ICE removed 517 Chinese citizens from the U.S.

Removal Process

In immigration court, removal orders are typically issued after an alien violates visa terms, is found to be undocumented, or is convicted of a crime.

When the U.S. seeks to remove an immigrant, it typically follows frameworks negotiated with other countries; these are usually detailed in writing through memoranda of understanding.

Before the U.S. removes someone, another country must agree to accept the deportee. There must also be a final administrative removal order, and the person must possess travel documents issued by a foreign government.

Source: https://www.voachinese.com/a/us-deportations-to-china-ongoing-amid-shifts-in-immigration-crackdown-20250131/7959177.html