The time it will take for a detained person to be deported can vary significantly, especially with current events. In many cases, government agencies have to abide by a 90-day removal period, but they exceed this limit in some situations.
You can turn to an El Paso deportation defense lawyer for information about the time periods associated with deportation and to get help protecting a detained family member. You do not have to attempt to go through this process alone.
How Long Does It Take for a Detained Person to Get Deported?
The timeline for deportation for detained individuals varies, especially when considering current political events. In many situations, the agencies that handle deportation must act within a 90-day window, but exceptions can occur, and sometimes these agencies ignore the law and the rights of detainees.
Most Detainees Face a 90-Day Removal Period
Many people detained by agencies like U.S. Immigration and Customs Enforcement (ICE) are subjected to a 90-day removal period. This period begins when an immigration judge (or another person with authority) issues a final order of removal.
The clock may also start when a court lifts a stay of removal or if a detainee gets released from some type of non-immigration detention. Generally, ICE is supposed to carry out deportations during this period.
Note that, during this 90-day period, ICE has been given authority to keep individuals in detention as they make arrangements to handle deportation. You can learn more about how long it will take for a detained person to be deported by reaching out to a legal professional for help. An attorney can also help you understand the deportation process.
ICE May Extend the Removal Period
In some situations, ICE gets the authority to hold detainees for more than 90 days, thereby extending the time between detainment and deportation. A case that went before the Supreme Court ruled that ICE cannot generally hold someone for over six months after getting a final order of removal, in most cases.
Under this ruling, ICE may argue that it can detain someone for up to 180 days without violating their constitutional rights.
ICE Must Conduct Post-Order Custody Reviews (POCR) for Extended Detentions
ICE has a legal responsibility to perform POCRs for individuals who faced extended detentions. These reviews should fairly assess the necessity and justification for continued detention. However, ICE employees conduct these reviews, and they do not always focus on the rights and needs of detainees.
Getting legal support in this situation can help a loved one avoid further unlawful detention.
Factors That May Extend How Long ICE Holds a Detained Person
Several factors can allow ICE to detain someone for an extended period of time. The agency may extend detention due to:
Issues With Travel Documents
Technically, ICE cannot deport an individual if they do not have valid travel documents for their destination country. Therefore, delays may occur if:
- The destination country has to complete identity verification
- The destination country does not wish to cooperate
- Humanitarian or political conditions prevent travel
ICE could use these delays to attempt to extend a period of detainment. You can learn more about these delays and how long it takes for a detained person to be deported from a legal professional.
A Lawyer Can Help With Securing a Release From Detention
Your loved ones have legal options that can allow them to challenge ICE’s decisions to maintain prolonged custody. Some of these options include:
Pursuing a Habeas Corpus Petition
A habeas corpus petition allows you to challenge the unlawful detention of a loved one. A lawyer can use this tool if ICE attempts to hold a family member or loved one longer than six months with no realistic chance of deportation.
Filing a habeas corpus petition could result in:
- Your loved one’s release from custody
- Court orders that require ICE to explain a continued detention
- Specific conditions imposed by the court instead of detention
Note that the current administration has discussed suspending habeas corpus petitions. However, this decision has not yet been made. You should discuss this option with your attorney.
Seeking an Order of Supervision (OSUP)
An OSUP allows your loved one to return with you and live in their community as long as they adhere to certain conditions. For example, your loved one may need to:
- Adhere to travel restrictions
- Regularly check in with ICE
- Seek employment authorization
Note that an OSUP does not mean ICE will stop seeking deportation; it just means that the agency must release your loved one from detention while going through this process.
Talk to Us About Protecting the Rights of a Detained Loved One
Do you need to know how long it will take for a detained person to be deported? Our team at Mendoza Law can provide you with the answers you need while protecting the rights of your loved one.
We’ve helped over 100,000 clients, and Attorney Maria is ready to fight for you. Reach out now to learn more.
