Voluntary Departure: What It Is and Why More People Are Choosing It
by Celeste Acevedo, Immigration Attorney
Last month, The Washington Post reported that people in immigration proceedings are choosing voluntary departure in record numbers. From January 2025 through March 2026, immigration judges across the country granted approximately 80,000 requests for voluntary departure.
Why are so many people choosing voluntary departure? What exactly does it mean? Below, we explain both.
Why Are More People Choosing Voluntary Departure?
The immigration court system is currently facing significant backlogs. Across the country, immigration judges are managing increasingly crowded dockets, with some courts scheduling large master calendar hearings and setting cases at an accelerated pace.
At the same time, many individuals in removal proceedings are facing an increasingly challenging immigration enforcement environment. As a result, some respondents may view voluntary departure as a way to avoid the long-term consequences associated with a formal removal order.
Every case is different. While voluntary departure may be the right choice for some individuals, it is not the only option available. Depending on the facts of a case, a person may be eligible for relief such as asylum, cancellation of removal, adjustment of status, or other forms of immigration relief.
At Sanabria & Associates, we believe every client deserves a full evaluation of their case and a meaningful opportunity to pursue any relief for which they may qualify. If you are in immigration proceedings, you should consult with an experienced immigration attorney before making any decision about your future.
What Is Voluntary Departure?
The word "voluntary" is important. Voluntary departure allows a person in removal proceedings to leave the United States voluntarily, rather than receiving a removal order from an immigration judge.
Although some individuals may feel pressure to resolve their cases quickly, the decision to request voluntary departure is ultimately theirs. Because the consequences can be significant, the choice should be made only after carefully considering all available options and consulting with an attorney.
Voluntary departure is not an informal process. It must be requested and granted by an immigration judge, who has discretion to determine whether the request should be approved and under what conditions.
It is also important to understand that individuals who are in removal proceedings generally should not simply leave the United States on their own without first addressing their case with the immigration court. Doing so can have serious immigration consequences, including the possibility of being ordered removed in absentia.
There are two types of voluntary departure:
Pre-Conclusion Voluntary Departure
Pre-conclusion voluntary departure is requested before the immigration judge reaches a final decision on the case. Individuals who qualify for this form of voluntary departure may be able to resolve their proceedings more quickly and under less stringent eligibility requirements.
Post-Conclusion Voluntary Departure
Post-conclusion voluntary departure is requested after proceedings have progressed further and generally requires a respondent to meet additional statutory requirements. The immigration judge may require proof of the ability to depart the United States and may impose other conditions.
The Consequences of Failing to Comply
Voluntary departure comes with strict deadlines and conditions. Failing to depart within the time granted by the immigration judge can result in serious consequences, including civil penalties and bars to certain forms of immigration relief in the future.
Because of these potential consequences, it is critical to fully understand the terms of a voluntary departure order before accepting it.
Speak With an Immigration Attorney
Whether voluntary departure is the right option depends entirely on the facts of your case, your immigration history, and your long-term goals. Before making any decision, you should discuss your circumstances with an experienced immigration attorney.
To learn more about voluntary departure and explore your legal options, schedule a free consultation with a member of our team today.
The content on this page is for informational purposes only and should not be considered legal advice. For guidance specific to your situation, please schedule a free consultation with one of our attorneys.