Immigrants & Immigration
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The length of time it takes to deport an immigrant with a final removal order depends on the country the person is from. It also depends on whether ICE has the documents to get the country’s approval for the deportation to take place.
Immigrants from some countries, like Mexico, are often deported very quickly. These immigrants 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 is because those countries refuse to accept persons deported from the United States. Another reason is because ICE is unable to obtain the necessary paperwork.
If an immigrant wants to speed up their deportation, they can do so by providing ICE with:
- A copy of their passport ,
- Birth certificate , or
- Any identification card issued by their home country.
They can mail or have a US citizen or lawful permanent resident bring these documents to ICE at:
ICE
101 W. Ida B. Wells Dr., 4th Floor
Chicago, IL 60605
Be sure to include the person’s name and USCIS number (also referred to as A-number, alien number, or alien registration number).
What happens if a person in immigration detention with a final removal order cannot be deported?
If ICE cannot deport a person in immigration detention within 90 days of a final order of removal, the person can be considered for supervised release. If you have a pending immigration appeal , your days in detention do not count towards the 90 days. After the 90 day removal period, the person will get a notice of a “post-order custody review” (POCR) asking them to provide certain information to ICE.
You can help an immigrant with a POCR by providing documents that show they are not a flight risk, have a stable place to live, and are not a danger to the community. These documents may include:
- Biographic information about family members with ties to the US.
- Letters of support from community members, employers, or friends.
It is also helpful to submit a letter to the immigrant’s home country’s consulate or embassy requesting a travel document. This shows ICE that the immigrant is cooperating. Keep a copy of this letter and submit it with the POCR documents.
Do not send a travel document request to the consulate or embassy of a country if the immigrant fears returning to their home country or has been granted:
- Asylum,
- Refugee status,
- Withholding of removal, or
- Relief under the Convention Against Torture.
You can submit these documents to:
ICE
POCR Unit
101 W. Ida B. Wells Dr., 4th Floor
Chicago, IL 60605
Make sure you include the immigrant’s name and USCIS number with the documents you send to ICE.
If ICE does not release the immigrant during the first POCR, ICE is required to complete a second review three months after the first one.
Is there anything that an immigrant can do if ICE does not release them through the POCR process?
If ICE does not release an immigrant through the POCR process, the immigrant can seek release by filing a habeas corpus petition in federal court. A habeas corpus petition brings a prisoner before the court to see if they are being lawfully held. The Supreme Court has said that ICE must generally release an immigrant if their removal is not “reasonably foreseeable.” It is best to have a lawyer file the petition.
The habeas corpus petition challenges immigration detention and does not fight the deportation order itself.
To fight an order of removal, the immigrant needs to appeal the immigration decision. 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.
