A recent decision by the Second Circuit Appeals Court calling on the Justice Department to justify the effectiveness of deportation orders could impact numerous immigrants' applications for legal status.

The court ruling stemmed from a case involving Chinese immigrant Wei Hua Wang, who requested a stay of removal to appeal his deportation order last June but was rejected by the Board of Immigration Appeals (BIA). Stating that the current deportation order policy wastes the courts' time and resources, on September 18 the court requested that the Justice Department issue a brief, within 14 days, to justify the deportation policy.

For years, immigration applicants, particularly applicants for political asylum, have been issued deportation orders if rejected. In theory, individuals with deportation orders will be forcibly removed from the country if they do not appeal to the BIA or if their appeals fail. But in practice, a lack of law enforcement personnel and resources allows immigrants to remain in the country long after receiving deportation orders, waiting for the chance to appeal. As a result, deportation orders are seen as "toothless."

The court found that Wang, like many applicants for asylum, had been issued a deportation order years ago but had not yet been deported, allowing him to attempt numerous appeals. This situation, the court said, is a drain on the government's time and resources, forcing law enforcement agencies and courts to handle a large volume of applications.

This pile-up of appeals shows that the government has not effectively enforced its deportation policy, the court said. If immigrants with deportation orders are not going to be removed from the country, asked the court, why should the government waste time and resources denying their appeals?

The court requested that the Justice Department explain first, the enforcement situation for deportation orders, and whether the policy is toothless; second, whether deportation orders are effective for a lifetime; and third, why the government rejected Wang's appeal. Until the government issues its report to the court, Wang's deportation order is temporarily suspended.