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A Removal Order Is Not a Suggestion
The article argues that describing people with final deportation orders as “non-criminals” can obscure why ICE arrests them: immigration removal is a civil process, and many grounds for removal do not require a criminal conviction. The author, a former federal immigration enforcement official, says carrying out a final order enforces a decision made under immigration law, rather than opening a case against someone without process.
The article says people facing removal may have had a hearing, could seek legal remedies and appeal, and may have been ordered removed after failing to appear. It cites 485,456 removal orders issued in fiscal 2025, including 306,557 made in absentia, and says about 1.6 million people with final orders are on ICE’s non-detained docket, up from 1.29 million in October 2023. It also notes that illegal entry and knowingly failing to leave after an order can be federal crimes, while acknowledging the distinction between being charged and having a criminal conviction.
In short
- Removal orders can follow a civil immigration process.
- 306,557 of 485,456 orders in fiscal 2025 were in absentia.
- About 1.6 million people with final orders are on ICE’s non-detained docket.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
A final removal order is a lawful decision made through an immigration process, and enforcing it gives effect to that decision and upholds the credibility of immigration law. A person need not have a criminal conviction to be removable, and describing everyone with an order as a “non-criminal” can blur the distinction between civil immigration enforcement and criminal prosecution.
The case against
A final order does not by itself show that enforcement in every case is fair or humane: some orders are made when people miss hearings, and a civil process may still be difficult to navigate or challenge in practice. Given the serious consequences of removal, critics can reasonably argue that enforcement should account for access to legal advice, the chance to seek review, and individual circumstances, rather than treating the existence of an order as sufficient justification on its own.