No, its an administrative order. If the alien fails to appear they will frequently be ordered deported even though they are not present. The deportation order will appear on a NCIC criminal back ground check.
But if the state and local police and have a sanctuary policy they are forced to ignore the immigration violation.
If they come into contact with federal authorities they go strait into removal proceedings because they already had their day in court. CBP calls these people "Bag and Baggage" cases.
The problem is that if DHS has no bed space then CBP must release them again after a short time as the article explains.
Seems that the globalist are trying their best to turn the USA into another Third Turd country.