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Fact check: What is the process for a legal permanent resident to appeal an ICE arrest or deportation order?

Checked on September 10, 2025

1. Summary of the results

The process for a legal permanent resident to appeal an ICE arrest or deportation order is complex and involves multiple stages, including challenging the removal order before the Board of Immigration Appeals [1]. According to some sources, the appeal process may involve proving why the resident cannot return to their home country, as seen in the case of an Iranian legal permanent resident who was released from ICE custody after a federal judge granted his appeal to dismiss his order of removal [2]. Additionally, Supreme Court rulings can impact the context of such appeals, such as the ruling that allows immigration raids to continue [3]. It is also important for individuals to know their rights during an ICE encounter, including the right to remain silent, the right to an attorney, and the right to be free from unreasonable search and seizure [4] [5] [6].

2. Missing context/alternative viewpoints

Some sources do not provide a clear process for appealing an ICE arrest or deportation order, instead discussing court orders that prohibit federal agents from racially profiling or Supreme Court rulings that pause court orders [7] [8] [3]. These sources highlight the challenges faced by immigrant advocates and local officials in enforcing court orders and the potential for racial profiling [8]. Furthermore, the appeal process may involve challenging the government's authority to reconsider residency status and ensuring due process is followed [9]. Creating a safety plan and seeking support from organizations like the National Immigrant Justice Center can also be crucial for individuals facing deportation [4]. It is essential to consider these alternative viewpoints and missing context to understand the complexities of the appeal process.

3. Potential misinformation/bias in the original statement

The original statement assumes that there is a straightforward process for a legal permanent resident to appeal an ICE arrest or deportation order. However, the analyses suggest that the process is complex and influenced by various factors, including Supreme Court rulings and court orders [3] [8]. Some sources may benefit from emphasizing the challenges faced by immigrant advocates and local officials, while others may benefit from highlighting the importance of knowing one's rights during an ICE encounter [8] [4]. The National Immigrant Justice Center, for example, may benefit from emphasizing the importance of creating a safety plan and seeking support [4]. Overall, it is crucial to consider multiple sources and perspectives to gain a comprehensive understanding of the appeal process and avoid potential misinformation or bias [7] [2] [8] [3] [9] [1] [4] [5] [6].

Want to dive deeper?
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