The length of time it takes for an immigrant who has a final removal order to be deported depends on what 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. 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 who has been granted a POCR by getting documents that show that they will not be a significant flight risk, that they have a place to live and will not be a danger to the community such as biographic information of family with ties to the U.S., and letters from community, employers, or friends. In addition, it is good to submit a letter to the consulate or embassy of the immigrant’s country of origin requesting a travel document. This is to show that the immigrant is trying to cooperate with ICE. Keep a copy of this letter, and submit it with the POCR documents. Do not submit a letter requesting a travel document to the consulate or embassy of a country if the immigrant fears returning to that country or if the immigrant 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 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 an attorney 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.