ICE data from November show 37,908 Chinese nationals who are believed to be removable from the US but have not yet been detained
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US deportations to China continue amid shifts in immigration crackdown
FILE - Migrants from China and elsewhere walk along a wall after crossing the U.S. border with Mexico to seek asylum, near Jacumba, California, Oct. 24, 2023.
The Trump administration has confirmed that the deportation of Chinese nationals is still underway as part of a broader effort to enforce U.S. immigration laws.
In an emailed response to VOA this week, a U.S. Immigration and Customs Enforcement official wrote that the agency is removing from the United States any immigrant who is here unlawfully.
“ICE continues to conduct removals to the People’s Republic of China. Due to operational security, ICE does not confirm future removal operations until deportees have been returned to their country of origin,” the ICE official said Tuesday, speaking on background, a method often used by U.S. officials to remain anonymous.
VOA requested the most recent removal numbers for China and an update on deportation flights, but as of Friday, ICE had yet to respond.
Deportations have increased as China signals a greater willingness to repatriate its citizens, a departure from its historically restrictive stance. Large repatriation flights resumed last June, the first since 2018.
On Jan. 6, the U.S. Department of Homeland Security, through ICE, conducted the Biden administration’s fifth removal flight to China in less than seven months.
“These [Biden administration] flights were the product of sustained cooperation between the Department and PRC counterparts to repatriate individuals who have not established a legal basis to remain in the United States,” DHS said in a statement on Jan. 10.
Fast-track deportations
Under the Trump administration, the approach is shifting toward making deportations faster and bypassing judicial review.
The Trump administration issued an executive order on Jan. 21 to expand expedited removal, also known as fast-track deportations, to include immigrants who cannot prove they have been continuously living in the United States for more than two years.
"The effect of this change will be to enhance national security and public safety — while reducing government costs — by facilitating prompt immigration determinations," the
notice read.
Expedited removal allows the U.S. government to quickly deport people who are undocumented. Under the process of expedited removal, some noncitizens can be deported in a single day without an immigration court hearing or other appearance before a judge.
ICE data from November showed 37,908 Chinese nationals who were believed to be removable from the United States but had not yet been detained. December and January numbers are not yet available.
On Jan. 22, the American Civil Liberties Union sued the Trump administration over the expansion of expedited removal.
The ACLU argued in court documents that the new rule violates federal law and the Fifth Amendment's due process clause by effectively eliminating full court hearings that immigrants are entitled to receive.
The organization also cited studies indicating that expedited removals are prone to errors, often leading to the mistaken deportation of immigrants.
Joanna Derman, a program director at Asian Americans Advancing Justice, told VOA that advocates are worried the Trump administration will use “extreme options” to specifically target Chinese nationals for deportation, “especially in the event of a significant escalation between the United States and China.”
“But on the other hand," she said, "we're also rapidly mobilizing right now. … We are uplifting resources for people who are the most likely to be impacted. The most vulnerable folks need to know what to do if [or] when ICE shows up at their school, their work or their place of worship.”
US-China repatriation cooperation
For years, China has been among the countries that refused or delayed accepting deportees, complicating U.S. efforts to remove individuals with final orders.
Countries that do not negotiate or refuse to accept their nationals back are deemed "recalcitrant" or "uncooperative." Recalcitrant countries do not accept their nationals back. Uncooperative countries will accept some of their nationals back.
According to an ICE official and a DHS removal operations document, 15 countries were deemed to be uncooperative: Bhutan, Burma, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Hong Kong, India, Iran, Laos, Pakistan, the People’s Republic of China, Russia, Somalia and Venezuela.
ICE considers these to be at risk of recalcitrant: Bosnia-Herzegovina, Burkina Faso, Cambodia, Gabon, Gambia, Iraq, Jamaica, Nicaragua, South Sudan, St. Lucia and Vietnam.
During a Monday press conference, Chinese Foreign Ministry spokesperson Mao Ning was asked if Beijing intended to accept all Chinese nationals in the U.S. illegally.
“I’d refer you to competent authorities for anything specific,” she said. “Let me say more broadly that the Chinese government firmly opposes any form of illegal migration. We have conducted practical cooperation with the migration and law enforcement departments of the U.S. and other countries, which has been productive. As far as repatriation is concerned, China’s principle is to receive the repatriates who are confirmed as Chinese nationals from the Chinese mainland after verification.”
ICE’s deportation numbers reflect U.S. diplomatic efforts with China, with DHS reporting the removal of 109 Chinese nationals on the latest charter flight as of November, following 131 deportations in October and 116 in June.
According to DHS, the Biden administration’s increase in deportations matches China’s work to decrease illegal immigration, which has led to a 62% decline in Chinese migrant apprehensions at the U.S.-Mexico border. Apprehensions of Chinese dropped from 2,198 encounters in June 2024 to 873 in December 2024.
January numbers are not yet available.
Deportation logistics, cost
An ICE official confirmed to VOA by email in late December that the U.S. government buys the commercial airline tickets for deportees, working closely with a travel service provider to book the most cost-effective flights.
ICE determines whether to use charter or commercial flights based on operational needs. ICE did not share cost per person for either type of flight.
But the
American Immigration Council estimates that removing 1 million people a year would cost U.S. taxpayers about $88 billion, with the total over a decade approaching $1 trillion.
Despite Beijing’s increased cooperation, China remains one of several nations that usually refuse to take back their citizens or delay repatriations.
During the 2024 fiscal year, ICE removed 517 Chinese nationals from the United States.
Deportation process
In immigration court, deportation orders are usually issued after a foreign national violates the terms of a visa, is found to be undocumented or is convicted of a crime.
When the United States seeks to deport an immigrant, it generally follows a framework negotiated with the other nation; these frameworks are often detailed in writing, through a memorandum of understanding.
Before the United States can deport someone, the other country must agree to receive the deportee. There must also be an administratively final order of removal, or deportation order, and the individual must have a travel document issued by a foreign government.
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