Immigrants & Immigration

It is a decision by an immigration judge (IJ) that a non-citizen, called the “respondent”, must be deported from the US. It becomes a final order if the respondent does not file an appeal of the decision, or they filed an appeal and lost. An IJ can also issue a final order of removal if a person did not show up to their immigration court hearing. This is called an order “in absentia.” Once an order becomes a final order, the deportation process can begin. Deportation is the process of being removed from the US by the government.

Once a removal order is issued, ICE will decide when they want to start the deportation process. ICE will tell the respondent that they must report to ICE on a particular date and time to be taken into ICE custody. If a non-citizen appeared in Chicago Immigration Court, they will likely be required to go to the Chicago ICE field office. Since there are no detention centers in Illinois, a person will likely be brought to an ICE processing center first. Then they will be transferred to a detention center outside of Illinois. ICE can hold them in detention for up to 90 days. This period is called the “removal period.”

The respondent can decide to appeal the decision of the IJ. They must tell the judge right after their decision that they want to appeal. If they file an appeal, their deportation might automatically be paused. The respondent might also be able to apply to stop deportation while the appeal is pending.

The person is considered an ICE fugitive. Not going to ICE when a person was supposed to is considered avoiding law enforcement. ICE sends out a special team to find people they consider fugitives, arrest them, and deport them quickly.

It depends on several factors. ICE must gather documents to get the country’s approval for the deportation to take place. A person’s home country must confirm they will accept someone back if they are deported. People from some countries, like Mexico, are often deported very quickly. They can be deported within a week or two of the final removal order. On the other hand, ICE may never be able to deport persons from some countries. This could be because those countries refuse to accept deported people from the US.

A person can speed up the process of deportation by providing ICE with certain documents. This includes a copy of their passport, birth certificate, or any identification card issued by their home country. Someone might wish to do this because they would rather be deported than stay in ICE detention. They can bring these items with them when they report to ICE. If the person is already in detention, copies can be mailed to the ICE field office where a person is located.

If ICE cannot deport someone within 90 days after the date of a final removal order, the person can be considered for supervised release. After the 90-day removal period, the person will get a notice of a “post-order custody review” (POCR). This notice will ask them to provide certain information to ICE. A person must provide evidence that shows they are not a flight risk, they have a stable place to live, and are not a danger to the community. They can submit information about family members with ties to the US, and letters of support from community members, employers, or friends. If ICE lets the person leave detention, they will likely be put on an electronic monitoring system, like an ankle bracelet. ICE will continue planning their deportation while they are on supervised release. If ICE denies releasing the person from detention, they will have another POCR after 90 more days.

A person can file a habeas corpus petition in federal court, if they believe they are being unlawfully detained. Generally, habeas petitions are more successful if a person has been in detention for at least six months. The habeas corpus petition challenges immigration detention. It will not stop someone from being deported.

Yes. At the final hearing, after the immigration judge decides to give the respondent a final removal order, they will ask if the respondent wants to appeal the decision. The respondent must say yes to be eligible to appeal. An appeal must be filed within 30 days after the immigration judge’s decision. It must be filed with the Board of Immigration Appeals (BIA), which is a court in Virginia. The Florence Project provides information about filing an appeal to the BIA. If a person’s immigration court case is in Chicago, they must send a copy of their appeal to the Chicago ICE Office. It is best to have a lawyer to help figure out if there is a way to appeal the decision and to file the appeal.