Being detained by ICE is frightening, and decisions made in the first hours and days can matter a great deal. Here is general guidance for both the person detained and their family on the outside.
If You Are the Person Detained
- Stay calm and do not resist, even if you believe the detention is unfair. Physical resistance can lead to additional charges.
- You still have the right to remain silent. You do not have to answer questions about your immigration history, prior entries, or other people.
- Do not sign anything you do not fully understand — including a stipulated removal order or a voluntary departure agreement — until you have spoken with a lawyer. Signing these documents can waive your right to see an immigration judge.
- Ask to speak with a lawyer. Unlike in criminal court, immigration proceedings are civil, so the government does not appoint a free lawyer for you — but you always have the right to hire one or seek help from a nonprofit legal aid organization.
- Memorize or write down your "A-number" (a 9-digit alien registration number, if you have one) and share it with family so they can locate you.
- You have the right to contact your country's consulate and to notify them of your detention.
If a Family Member or Community Member Is Detained
- Locate the person using the ICE Online Detainee Locator System (locator.ice.gov), which searches by A-number or by name and country of birth.
- Contact an immigration attorney right away. The sooner a lawyer is involved, the more options are typically available — including requesting a bond hearing.
- Ask about bond eligibility. Some detained individuals can be released on bond while their case proceeds; others (depending on prior criminal history or type of proceeding) may not be bond-eligible.
- Gather documentation that may help the case: proof of U.S. citizen or lawful permanent resident family ties, evidence of time in the U.S., employment records, and any documents related to fear of returning to their home country.
- Keep a written record of the date, time, location, and agency involved in the detention, along with badge numbers or names if available.
A note on "voluntary departure": Agreeing to leave the country voluntarily can sometimes seem like the fastest way out of detention, but it can also close off other forms of relief and carry long-term consequences. This decision should not be made without first speaking to a lawyer.
After Release or a Bond Hearing
If released, the person will typically be given a Notice to Appear with a future immigration court date. Missing that court date can result in an automatic removal order, so it's important to keep the immigration court and the attorney informed of any address changes.
Need help locating someone or preparing for a bond hearing?
Time matters in detention cases. Reach out as soon as possible.
Contact Pedro L. Salim Law Firm