全球化进程中，非法移民数量剧增。各国行使主权遣返非法移民时，应注意对被遣返人基本人权的保护。允许被遣返人针对遣返决定提起上诉，有利于被遣返人受损权利救济，同时对国家公权力施加限制，实现权利与权力平衡。作为移民大国的加拿大和美国，其非法遣返程序存在一定差异，但都要求严格依法进行；其针对遣返决定提起上诉的规定亦有区别，但权利性质和立法目的相似。与司法审查相比，具备行政性质的上诉权使权利救济更高效。上诉主体、提起上诉期限和具体限制条件，是上诉权的重要组成部分。比较两国规定可知，遣返决定做出后，保护和限制当事人权利都很重要，但法律更侧重前者。我国非法移民遣返法律制度尚不完善，美加两国经验可为我国所用，即给予被遣返人行政诉讼权利，细化遣返程序，并改善遣返拘留场所条件。

During globalizing process, the number of illegal immigrants has greatly increased. While states exert sovereignty in the removal of illegal immigrants, attention should be paid to protecting their basic human rights. The right of appeal for new decisions towards former removal orders not only enables basic rights relief, but also imposes limitations on states’ powers. Then, a balance between powers and rights can be realized. Two countries of immigrants, Canada and USA, have different but equally strict removal proceedings. They also possess various rules of removal appeal right, which are both administrative and share common initial intents. Compared with judicial reviews, administrative appeal might be more efficient. Specific demands for who when and how to appeal are vital factors of appeal right. Both counties hold the stand that giving appeal rights and limiting them are both important, according to their laws, with the former being more necessary. Removal proceedings, administrative lawsuit and removal center facilities still need improving in China, for which practices and rules from Canada and USA could be helpful.