Abrego Garcia, now imprisoned in El Salvador, was legally in the U.S. despite a deportation order, because he had obtained a “stay of removal” order granted by an immigration court judge concerned about his safety should he return to his country of origin, El Salvador. There are very many such and similar cases in which deportation is held up. For DHS to expedite deportation of these case requires the removal of a temporary court order. This imposes a severe limitation of the speed at which DHS can deport people like Abrego Garcia.

How many persons in the U.S. today have removal (i.e. deportation) orders?

The Migration Policy Institute in February 2025 estimated that 1.5 million persons have deportation orders.  There are some 3.6 million pending cases in the immigration court system. Very roughly these 3.6 million cases include two million asylum cases and 1.5 appeals or other suspensions of removal orders.

Why did they receive removal orders?

Illegal entry, visa overstay, law violations by green card holders, for the most part.

Why aren’t these persons deported?

First, they can self deport and many do every year. Otherwise, some are evading arrest – called absconders. Most have some kind of temporary protected status such as Abrego Garcia and are part of the cases pending before immigration courts.

What kinds of temporary protections are available?

Stays of removal, which may be called protective court orders, which Abrego Garcia has, are granted immigration judges, the Board of Immigration Appeals, and federal courts. Many have filed appeals or motions to reopen their cases, for instance for changed circumstances. Some are held up by administrative, not court order, due to administrative discretion, for instance due to health issues or humanitarian issues.

What removals can be done by ICE of persons not having legal access to the court system?

Noncitizens who entered the U.S. without authorization and have been in the country for less than two years.​ Individuals apprehended within 100 miles of the U.S. border and within 14 days of entry.​ Noncitizens who arrive at ports of entry without valid documents or who commit fraud or misrepresentation.