TL;DR: A stay of removal can provide critical, temporary relief for individuals facing deportation by legally pausing the removal process while their case is reviewed. This guide explains how stays of removal work, who qualifies, and what steps to take when time is of the essence.
Readers will discover:
- What a stay of removal is, who issues it, and how it temporarily halts deportation
- The difference between automatic, discretionary, administrative, and emergency stays
- How long a stay of removal typically lasts, common eligibility factors, and required conditions
- How to file Form I-246, including what documents and evidence are needed
- Where to seek help navigating the process, especially when deportation is imminent
If you or a loved one has been summoned for deportation, it’s important to know that not all hope is lost. And in some cases, you do not need to immediately pick up and rearrange your life to suit the deportation summons. Options are available to those who understand how to navigate the United States’ complicated judicial and immigration systems.
One such option is a stay of removal. In this guide, we will touch on this complex topic and help you discover why it may be your best bet to temporarily delay a deportation for yourself or for someone you know.
What is a stay of removal and how does it work?
A stay of removal is essentially a demand of pause to U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS). Stays of removal are from immigration court judges and are issued from within the U.S. Department of Justice (DOJ). These motions signal to DHS to reopen or reconsider the individual’s deportation order. The Board of Immigration Appeals (BIA) is also involved in the review and issuance process.
Emergency stays of removal for immigration are more critical motions and can be filed as a last-minute effort to temporarily halt an imminent deportation.
In some cases, DHS can grant administrative stays of removal, however these are typically done for administrative reasons rather than judicial ones.
In rarer cases, federal courts can also issue a stay of removal to the USCIS, however this is only done when they are given an appeal for consideration.
Stays can either be automatic, triggering when you file an appeal or a motion to reopen a case with an immigration judge, or are discretionary and must be manually requested.
One who wishes to appeal a deportation order can file Form I-246, which is the Application for Stay of Deportation Removal. This form can be filed with U.S. Immigration and Customs Enforcement.
How long does a stay of removal last and what are the conditions?
ICE stays of removal are temporary conditions, and typically last about one year, with the option to renew and extend. An automatic stay of 30 days is triggered upon an immigration judge issuing the order for an appeal.
The conditions under which a stay of removal is granted range from:
- Humanitarian reasons, such as familial obligation, medical issues, and more,
- Length of stay within the United States,
- Pending legal processes,
- Criminal history
- And more.
And the conditions needing to be followed by one granted a stay includes following conditions set forth by Form I-246 and not committing any crimes, in addition to other stipulations.
Who is eligible to request a stay of removal to the USCIS?
Any person who has been issued an order of removal from the United States is eligible to request a stay of removal. This includes immigrants who have been detained by ICE, those who have been released on “order of supervision,” etc.
How can you file a stay of removal with ICE or immigration court?
The process for how to file a stay of removal is, thankfully, outlined clearly on the ICE website and on Form I-246.
Form I-246 is an essential and necessary step to starting the stay of removal process. Alongside your I-246, plan to assemble additional documents and evidence as they pertain to your case, including:
- Your passport or ID,
- Applicable medical records,
- Official legal documents, such as birth certificates, marriage certificates, etc.,
- Related police records,
- Witness testimony and letters of support,
- Proof of legal entry,
- And anything else that may seem relevant to your appeal.
These materials, along with a personal written appeal and I-246 can be brought to your local Enforcement and Operations Removal office.
A small fee will need to be paid to the Department of Homeland Security at the time of the appeal.
Is help available with an ICE stay of removal?
Yes, many options abound for help with your appeal. One great option should you need help with an immigration bond, with convenient locations across the country, is Liberty Immigration.
Our team of immigration experts has helped countless clients find the attorney resources they need and navigate the challenging judicial immigration process with relative ease. We are proud to be the nation’s leading immigration bond provider. And we are ready to help you.
Facing removal? Call Liberty Immigration immediately.