What undocumented immigrants should know before leaving the U.S.

As raids continue to target workplaces and communities across the Los Angeles region, some undocumented immigrants and mixed-status families may be exploring the possibility of leaving the United States and the options available to them.

The Trump administration has encouraged immigrants to “self-deport” by using the CBP Home mobile app that promises $1,000 to those who voluntarily return to their home countries.

While fear is understandable, legal advocates urge individuals to make a plan and speak with a licensed attorney before making any decisions, including whether to use the CBP app. 

Although Boyle Heights Beat cannot provide legal advice, we spoke to experts and gathered resources to help individuals understand how to prepare for a possible return to their home country.

What documents should I prepare?

• Identity documents (originals and copies) for every family member, including ID cards, driver’s licenses, all passports and Social Security cards
• Certificates for major life events: births, adoptions, marriages, divorces and deaths
• Important records: education and diplomas; employment history; financials such as bank accounts and loans; medical; court; DMV, public benefits documents
• Immigration file: Request a copy of your entire immigration history under the Freedom of Information Act (FOIA), including your alien registration (A-number), work permits, green cards and visas stamped in your passport 
• Assets: property titles or deeds; car title, license plate number and vehicle identification number (VIN) and insurance policy; investment accounts; business licenses

If preparing for deportation: 

• Consider getting your documents notarized with a special apostille seal at the Secretary of State’s office. This certifies the authenticity of public documents for international use. 
• Do this before leaving the country.

Tips from the Mexican Consulate:

• Register U.S. citizen children with your local consulate to help them access healthcare and education benefits on both sides of the U.S.-Mexico border; 
• Obtain a school transfer document from the consulate so they can be placed in the corresponding grade; 
• Request a Mexican passport, identification card, CURP, and RFC (similar to social security number) at your local consulate before leaving the U.S.
• The Consulate General of Mexico has a “Más Vale Estar Preparado” guide that is updated annually with information on how Mexican nationals should protect their savings, how to send money back home, and how to develop a plan for a possible return to Mexico. 

What happens to my money and property in the U.S.?

Whether someone’s at risk of deportation or chooses to leave voluntarily, individuals must have a plan for their assets, says M. Lucero Ortiz, Esq., supervising attorney with the Loyola Immigrant Justice Clinic. “It’s similar to end-of-life planning,” she says.

Ortiz recommends taking inventory of your belongings and what you want done with them. This includes houses, vehicles, and bank accounts. She suggests considering:

Should I use the CBP Home app?

Some immigrants without legal status are being encouraged to leave the U.S. by using the CBP Home mobile app that “incentivizes voluntary self-departure.” The government promises immigrants $1,000 and assistance with airfare if they use the app. 

But experts say it’s not always safe or reliable, and not everyone qualifies to use it. The National Immigration Law Center said it’s unclear how many immigrants have successfully used the app to leave or how many have been denied due to ineligibility. 

Does it protect me or help me return later?

No. The National Immigration Law Center stresses that the CBP Home app does not offer “special protection or a right to return.”

According to Trump administration officials, individuals who self-deport “may still have the opportunity to return legally in the future and live the American dream,” but as the Migration Policy Institute notes, it’s unclear how this would happen since most unauthorized immigrants are barred from re-entry for several years.

Before using the CBP Home app, talk to an immigration attorney so that you learn about any potential consequences of “self-deportation.” 

Do I have to use the CBP Home app to leave the country?

No. According to the National Immigration Law Center, “There is no legal requirement to use CBP Home to leave the country. If you leave without using CBP Home, the government will still make a record of your departure.” 

Ortiz also notes that it is important for people to inform the U.S. government of their return to their home country through the nearest U.S. embassy or consulate in their home country.

Who qualifies for CBP Home?

According to the government, you might qualify if: 

• You do not have a criminal record, and 
• You have been previously stopped or turned over to immigration authorities, or 
• You were given parole to enter the country or Temporary Protective Status (TPS).

Important: “It also seems that when an immigrant uses CBP Home, their information needs to be in the government’s system and match that information. This likely means that someone who has never been stopped by immigration officials nor applied for relief before U.S. Citizenship and Immigration Services (USCIS) may not be eligible,” according to the National Immigration Law Center.

Can I come back to the U.S. after leaving?

You may not be able to come back for a long time – or at all. That’s according to a community explainer that the National Immigration Project, a membership organization of attorneys and advocates, released in August. Here’s why:

To come back to the U.S., you usually have to get a visa. This could involve: 

• Having an eligible relative, such as a U.S. citizen or lawful permanent resident spouse, parent, child, or sibling, who can apply for an immigrant visa; 
• A business sponsoring your visa to work in the U.S., or
• Humanitarian petition if you’ve been a survivor of a crime in the U.S.
• The backlog for these visas can be very long

You may face bars to your re-entry and need to apply for a waiver or pardon. 

There are also penalties if you’ve lived in the U.S. without legal authorization that can trigger what’s known as the three and 10-year bars to return.

• 3-year bar: Those who have lived in the country without authorization for more than six months but under a year must stay outside the U.S. for three years before returning through one of the sponsors above or have an approved waiver.
• 10-year bar: People who have lived undocumented in the U.S. for more than one year must spend 10 years outside the U.S. before returning or get an approved waiver. 
• Permanent bar: Those who have lived in the U.S. for more than a year as an undocumented person and who leave the U.S. and return without permission or return without permission after being deported, must spend 10 years outside the U.S. A permanent bar cannot be waived. 

What happens when I arrive in my home country?

Organizations are helping educate people about their rights and reintegration.

In Mexico:

The Mexican government runs a program called “Mexico te Abraza” and  “Héroes Paisanos,” as listed in “A New Path: A Guide to the Challenges and Opportunities After Deportation.” It protects the rights of Mexican citizens as they enter, travel through, and leave the country. 

Otros Dreams En Accion is a Mexico-based organization that helps Mexican nationals navigate life in the aftermath of deportation and forced return. The group has released a “tarjeta verde,” similar to the red “Know Your Rights” cards, that outlines your rights in Mexico. 

Among those rights is the right to your identity. You can access your identity documents, including your Unique Population Registry Code (CURP) and your Voter ID (INE), free of charge, according to information listed on the “tarjetas verdes.”

In Central America:

According to “A New Path: A Guide to the Challenges and Opportunities After Deportation,” resources in Central America vary by country. The guide details the government and nonprofit organizations in Mexico, El Salvador, Guatemala, and Honduras that can assist. 

In El Salvador, there are few programs, but some organizations and government training help returning migrants. The Ministry of Foreign Affairs and the Ministry of Labor can help with how to apply for jobs and offer a tool to help you find job openings.

Some Salvadoran nonprofits include the U.S. Committee for Refugees and Immigrants, Càritas of El Salvador, and the Alliance of Returned Salvadorans. 

Where can I find resources?

• Más Vale Estar Preparado (Mexican Consulate): Provides a life plan for how Mexican nationals should protect their savings, how to send money back home, and how to organize for a possible return
• A New Path – Education Justice Project (Includes Mexico, Central America): This guide helps those facing a threat of deportation access resources they need for a “successful transition” to their home country. The guide is not an endorsement of deportation.
• Otros Dream En Acción – Know Your Rights in Mexico: Created by organizations helping Mexican nationals navigate deportation and “forced return” from the U.S. 
• National Immigration Project – The Costs of Self-Deportation: This community explainer was produced by a membership organization of attorneys and advocates.
• National Immigration Law Center – Know Your Rights: CBP Home: This guide provides the latest information about the CBP Home mobile app. 
• See our list of legal aid and other immigration resources