Can ICE Deport You If You Have a Pending Case?

If you have a pending immigration case — whether it is an asylum application, a green card petition, an appeal, or removal proceedings — one of the most frightening questions you face is whether ICE can still deport you. The short answer is: it depends on the type of case, the stage of proceedings, and whether a final order of removal exists. Understanding these distinctions can mean the difference between staying in the United States and being put on a plane.

The General Rule: No Deportation Without a Final Order

Under U.S. immigration law, ICE cannot remove someone from the country unless there is a final order of removal. A final order means that an immigration judge has ordered you deported and either you did not appeal, or all appeals have been exhausted. If your case is still being heard by an immigration judge, no final order exists, and ICE generally cannot deport you.

This principle protects your right to due process — the constitutional guarantee that the government cannot take away your liberty or remove you from the country without giving you a fair hearing. The Fifth Amendment applies to everyone in the United States, regardless of immigration status.

Pending Cases That Protect You from Deportation

Several types of pending cases can prevent or delay deportation:

Removal Proceedings Before an Immigration Judge

If you have been placed in removal proceedings and have a court date scheduled, ICE cannot deport you before your hearing. You have the right to appear before an immigration judge, present evidence, call witnesses, and argue your case. The judge must issue a decision before any removal can take place.

Pending Asylum Applications

If you have filed for asylum, your protections depend on which track your application is on:

• Affirmative asylum (filed with USCIS before being in removal proceedings): You generally cannot be deported while your application is pending. If USCIS does not approve your case, it is referred to immigration court, where you get another chance to present your claim.
• Defensive asylum (filed as a defense in removal proceedings): The immigration judge must rule on your asylum claim before ordering removal. You cannot be deported while the judge is considering your case.

Appeals to the Board of Immigration Appeals (BIA)

If an immigration judge orders you removed, you have 30 days to file an appeal with the Board of Immigration Appeals. However, filing an appeal alone does not stop deportation. You must also file a motion for stay of removal with the BIA or the immigration judge. If the stay is granted, ICE cannot remove you while the appeal is pending.

Federal Court Petitions for Review

After the BIA denies your appeal, you can file a petition for review with a federal circuit court. Filing this petition does not automatically stay removal. You must request a stay from the federal court, and the court must grant it. Some circuits have different standards for granting stays, so the outcome depends partly on where your case is filed.

Habeas Corpus Petitions

If you are detained and believe your detention is unlawful, you can file a habeas corpus petition in federal court. While a habeas petition challenges detention rather than the removal order itself, a federal judge can order ICE not to deport you while the petition is pending.

Pending Green Card or Visa Applications

A pending application for a green card, work visa, or other immigration benefit does not automatically prevent deportation. However, if you are in valid immigration status and have a pending application, ICE is less likely to target you for enforcement. If you are in removal proceedings, your attorney can argue that your pending application should be adjudicated before removal.

When ICE Can Deport You Despite a Pending Case

There are situations where ICE may proceed with deportation even if you believe you have a pending case:

Expedited Removal: A Dangerous Exception

Expedited removal is a fast-track deportation process that applies to people apprehended at or near the border, or those who entered without inspection and have been in the U.S. for less than two years. Under the current administration, expedited removal has been expanded and is being used more aggressively.

In expedited removal, there is no hearing before an immigration judge unless you express a fear of persecution or torture. If you tell the officer that you are afraid to return to your country, you should be referred to an asylum officer for a credible fear interview. If you pass the interview, your case is placed in full removal proceedings where you can apply for asylum.

What to Do If ICE Tries to Deport You While Your Case Is Pending

1. Tell the officer you have a pending case. Provide your alien number (A-number), court location, and next hearing date if you know them.
2. Do not sign anything. Signing a voluntary departure form or other document could waive your rights.
3. Ask to speak with your attorney. You have the right to contact your lawyer.
4. Do not resist physically. Cooperate physically while asserting your legal rights verbally.
5. Have a family member contact an attorney immediately. An emergency stay of removal or temporary restraining order can sometimes be filed within hours to stop a deportation.

The 2026 Enforcement Landscape

Under the current administration, ICE enforcement has intensified significantly. Reports indicate that ICE conducted over 475,000 removals in the past year, and enforcement operations are occurring in courthouses, homes, and workplaces at a higher rate than in previous years.

Federal judges have found instances where ICE has ignored bond orders and removed individuals despite pending cases. This makes it more important than ever to have an experienced attorney who can file emergency motions and ensure that your legal protections are enforced.

Frequently Asked Questions

Can ICE deport me while my case is in immigration court?

Generally, no. While your case is pending before an immigration judge, ICE cannot execute a removal order because no final order exists yet. You have the right to appear before a judge and present your case. However, if you miss a hearing and the judge orders you removed in absentia, ICE can then execute that order.

What is a stay of removal?

A stay of removal is a legal order that temporarily blocks ICE from deporting you. You can request a stay from the Board of Immigration Appeals, the immigration court, or a federal court. A stay is critical if you have been ordered removed but are appealing the decision.

Can I be deported while my asylum case is pending?

If your asylum application is pending before USCIS (affirmative asylum), you generally cannot be deported while it is being processed. If you are in removal proceedings and have applied for asylum as a defense, the immigration judge must rule on your asylum claim before any removal order can be issued.

What happens if I appeal a deportation order?

Filing an appeal with the BIA does not automatically stop your deportation. You must separately file a motion for a stay of removal. If granted, ICE cannot remove you while the appeal is pending. If denied, ICE may proceed with deportation even while the appeal continues.

Can ICE arrest me if I have a pending green card application?

Yes, ICE can arrest and detain you even if you have a pending green card application. However, a pending application may affect whether and how quickly you can be removed. An experienced attorney can argue that your pending application entitles you to remain in the U.S. while it is adjudicated.

What should I do if ICE tries to deport me while I have a pending case?

Tell the ICE officer that you have a pending case and provide your case number and court date if possible. Do not sign any documents without reading them carefully. Contact an immigration attorney immediately. Your lawyer can file an emergency stay of removal to stop the deportation.

How Modern Law Group Can Help

At Modern Law Group, we have helped more than 10,000 families navigate the immigration system, including emergency deportation defense situations. Our attorneys handle:

• Deportation defense — Representing individuals in removal proceedings with every available legal defense, including asylum, cancellation of removal, and adjustment of status.
• Immigration bond hearings — Fighting for the release of detained individuals so they can prepare their cases from outside detention.
• Habeas corpus petitions — Challenging unlawful detention and deportation in federal court when ICE ignores legal protections.
• Asylum applications and appeals — Protecting those who face persecution in their home countries through every stage of the process.
• Emergency stays of removal — Filing urgent motions to stop deportation when ICE attempts to remove someone with a pending case.

If you or a family member is facing deportation and has a pending immigration case, time is critical. Contact us immediately for an evaluation of your situation.