Being detained by U.S. Immigration and Customs Enforcement (ICE) can be frightening. One moment, a person may be going to work, attending an appointment, or returning home; the next, they may be in federal immigration custody and unable to return to their family.

The situation can become even more stressful when relatives don’t know where the person is, whether they have been charged with a crime, whether they can be released, or whether they are facing deportation.

ICE detention is not the end of the legal process. A detained person may have immigration defenses, may be eligible for release or bond in some circumstances, and generally has important procedural rights. The exact options depend on the person’s immigration history and circumstances.

ICE, an agency within the U.S. Department of Homeland Security (DHS), is responsible for enforcing federal immigration laws, including immigration detention and removal operations. ICE operates an Online Detainee Locator System (ODLS) that families can use to search for people who are in ICE custody.

If you or a loved one has been detained by ICE, the first priorities are usually to stay calm, avoid signing documents you don’t understand, locate the detained person, contact a qualified immigration attorney, gather immigration and criminal-court records, and determine what legal proceedings are pending.

What Does It Mean to Be Detained by ICE?

ICE detention is civil immigration detention, rather than ordinary criminal incarceration.

A person can be held by ICE while the federal government determines whether the person can remain in the United States or should be removed under immigration law. That distinction is important because immigration detention and criminal detention are governed by different legal processes.

For example, a person might be:

• arrested by local police and later placed into immigration custody;
• arrested directly by ICE immigration officers;
• detained after leaving an immigration court;
• detained during an ICE check-in;
• transferred from another correctional facility into ICE custody; or
• detained after being identified as subject to a prior removal order.

An immigration detainee may be held in an ICE detention facility, a county jail under an agreement with ICE, or another facility used for immigration detention.

The person’s location can change during the case. That creates one of the first practical problems for families: finding the detainee.

What Should You Do Immediately After an ICE Detention?

The first hours can feel chaotic. The most useful approach is to work through a short list rather than trying to solve everything at once.

The first priorities are:

1. Confirm that the person is actually in ICE custody.
2. Find the detention facility.
3. Obtain the person’s A-number, if available.
4. Determine whether the person has an immigration court case or prior removal order.
5. Contact an immigration attorney.
6. Gather immigration and criminal records.
7. Avoid signing documents without understanding them.
8. Determine whether release or bond may be available.
9. Prepare for the person’s next immigration proceeding.
10. Make a family plan for children, housing, employment, finances, and medical care.

Don’t rely on rumors or social-media posts to determine what will happen in a specific case.

Step 1: Find the Person Detained by ICE

The first practical question is usually:

Where is my loved one?

ICE provides an official Online Detainee Locator System. The system can help eligible users identify people in ICE custody.

You may need information such as:

• the person’s full name;
• date of birth;
• country of birth; and
• immigration registration number, commonly called an A-number.

The A-number is especially useful. An A-number is generally an 8- or 9-digit immigration identification number assigned to a person by the U.S. government.

It may appear on immigration documents, previous notices from immigration authorities, work authorization documents, green cards, or other immigration paperwork.

What if the person doesn’t appear in the online system?

Don’t assume the person has been released or deported. A newly detained person may not immediately appear in every system.

A person may have been transferred between agencies or facilities, or the information may not yet be available through the locator.

Family members can contact the appropriate ICE field office or the facility where they believe the person may be held. An immigration lawyer can frequently help determine where the person is being held and what proceedings are pending.

Step 2: Get the Person’s A-Number

The A-number can become one of the most important pieces of information in an immigration case.

Write it down carefully. Keep it in multiple secure locations.

The number may be used when communicating with:

• ICE;
• immigration court;
• immigration attorneys;
• detention facilities;
• government agencies; and
• legal-service organizations.

A family member should avoid posting the A-number publicly on social media.

Step 3: Contact an Immigration Lawyer Quickly

An immigration attorney can evaluate facts that a general internet search cannot. This is especially important because two people who were detained by ICE on the same day may have completely different legal options.

One person might have a pending asylum application. Another might have lawful permanent resident status.

A third might have a prior removal order. A fourth might have a criminal conviction that creates serious immigration consequences. Those differences matter.

What should you tell the lawyer?

Prepare a basic timeline.

Include:

• when the person first entered the United States;
• how the person entered;
• whether the person has a visa;
• whether the person has a green card;
• whether the person has applied for asylum;
• whether the person has an employment authorization document;
• whether the person has previously been detained by immigration authorities;
• whether the person has ever been ordered removed;
• whether the person has attended immigration court;
• whether the person has missed an immigration hearing;
• whether the person has been arrested;
• whether the person has criminal convictions;
• the names and ages of children;
• the person’s marital status;
• whether a spouse or parent is a U.S. citizen or lawful permanent resident;
• medical conditions;
• pregnancy, where relevant;
• military connections;
• evidence of residence in the United States; and
• any previous immigration applications.

Don’t hide unfavorable facts from the lawyer.

An attorney needs the complete story to identify risks and possible defenses.

Can an ICE Detainee Have a Lawyer?

A person in immigration proceedings generally has the right to obtain legal representation at their own expense.

This is an important distinction:

Immigration courts generally do not provide a government-appointed lawyer in the same way criminal courts appoint defense attorneys for qualifying defendants.

The EOIR provides information about legal representation and free or low-cost legal services.

A person who cannot afford a private immigration attorney can investigate nonprofit organizations and pro bono legal-service providers.

Why is legal representation important?

Immigration law contains technical rules involving:

• removability;
• inadmissibility;
• asylum;
• withholding of removal;
• Convention Against Torture protection;
• cancellation of removal;
• adjustment of status;
• waivers;
• parole;
• bond;
• prior removal orders;
• criminal grounds of inadmissibility;
• criminal grounds of removability; and
• deadlines for applications and appeals.

A small factual difference can change the legal strategy.

What Are Your Rights During an ICE Encounter?

Understanding basic constitutional and immigration rights is important. However, rights can depend on the location and circumstances of the encounter.

A person should generally avoid lying to immigration officers. The safest approach is to remain calm and avoid making unnecessary statements.

The right to remain silent

People generally have a right to remain silent under the Fifth Amendment, although immigration consequences can make the practical situation more complicated.

A person can state that they want to remain silent and want to speak with a lawyer.

Do not provide false information.

Do not destroy documents.

Do not physically resist officers.

Do you have to answer questions?

The answer can depend on the question and circumstances. For example, immigration officers may ask about identity, immigration status, and other matters.

A person should consider requesting an attorney before answering questions that could affect an immigration case.

A simple statement such as:

“I want to remain silent and speak with my lawyer.”

can communicate the person’s preference clearly.

Should You Sign ICE Documents?

Don’t sign an immigration document that you don’t understand. This is one of the most important practical recommendations after detention.

ICE or another immigration authority may present documents concerning:

• removal;
• voluntary departure;
• stipulated removal;
• detention;
• release conditions;
• immigration proceedings; or
• other legal matters.

The consequences can be serious.

A person should ask for an explanation and, where possible, consult an immigration attorney before signing.

Why does this matter?

A signature can sometimes affect the person’s ability to contest removal or pursue an immigration defense.

The specific consequences depend on the document. Never assume that a document is “just paperwork.”

What Is an A-Number and Why Does It Matter?

The A-number is an immigration identification number. It typically begins with the letter A and contains 8 or 9 digits.

For example:

A-123-456-789

That number is only an example.

A family member can find an actual A-number on documents such as:

• green cards;
• immigration court notices;
• employment authorization documents;
• previous ICE paperwork;
• USCIS notices; and
• other immigration records.

Keep the number available when contacting attorneys and government agencies.

What Happens After ICE Detains Someone?

The process can vary significantly.

An ICE detention may lead to:

1. detention and processing;
2. an immigration charging document;
3. immigration court proceedings;
4. a custody or bond determination;
5. a release under certain conditions;
6. continued detention;
7. an application for immigration relief;
8. a removal order; or
9. removal from the United States.

Not every case follows the same sequence. Some people may already have a final removal order. Others may have pending immigration applications.

Some may be placed into expedited removal or another accelerated process depending on the circumstances. That is why a lawyer needs to examine the actual documents.

What Is a Notice to Appear?

A Notice to Appear (NTA) is a document used to begin many removal proceedings in immigration court.

It generally identifies the government’s allegations concerning why the person is removable and provides information about the proceedings.

A person should carefully preserve the NTA.

Don’t throw it away.

Don’t lose it.

Give a copy to the attorney.

The immigration court case may depend on the allegations and legal grounds listed in that document.

What Is Immigration Bond?

Some detained people may be eligible for release on immigration bond. Bond is money paid to secure a person’s release while the immigration case continues. But not every detained person is eligible for bond.

Eligibility can depend on several factors, including the person’s immigration history, criminal history, prior removal orders, and the legal basis for detention. Some people are subject to mandatory detention provisions. Others may have a custody hearing before an immigration judge.

What factors can affect bond?

An immigration judge may consider issues such as:

• whether the person is a flight risk;
• whether the person presents a danger to the community;
• criminal history;
• family ties;
• length of residence;
• employment;
• community involvement;
• prior immigration history; and
• compliance with previous court orders.

The exact legal standard depends on the type of detention and the person’s circumstances.

How Can a Family Prepare for a Bond Hearing?

Families should gather evidence that demonstrates the person’s ties to the United States.

Useful evidence can include:

• proof of residence;
• lease agreements;
• utility bills;
• employment records;
• pay statements;
• tax records;
• marriage certificates;
• children’s birth certificates;
• school records;
• medical records;
• letters from community members;
• church or community organization records;
• evidence of rehabilitation;
• proof of compliance with previous court requirements; and
• documents showing a stable address.

An attorney can explain which evidence is relevant to the specific case. Don’t submit documents blindly. Sensitive personal information should be handled carefully.

What If the Person Has Children?

ICE detention can create an immediate family emergency.

Parents and guardians should quickly determine:

• who is caring for the children;
• where the children are staying;
• who can take them to school;
• who can authorize medical treatment;
• how rent and utilities will be paid;
• how food will be purchased;
• how health insurance will be maintained; and
• where important family documents are stored.

Families should consider preparing an emergency childcare plan before a crisis occurs. For parents with U.S.-citizen children, the children’s citizenship doesn’t automatically prevent the parent from being detained or removed.

At the same time, the children’s circumstances may be relevant to certain immigration applications or defenses. An attorney should evaluate the facts.

What If the Detained Person Is a Green Card Holder?

Lawful permanent residents, commonly called green card holders, can still face immigration detention and removal proceedings in certain circumstances.

Permanent residence does not provide absolute protection from removal. Certain criminal convictions, immigration violations, fraud, and other circumstances can create immigration consequences.

However, a green card holder may have legal defenses that are unavailable to someone without permanent residence.

That’s why the person should not simply assume:

“I have a green card, so ICE cannot deport me.”

The opposite assumption is dangerous, too. A permanent resident should have an immigration lawyer review the person’s record.

What If the Person Has a Criminal Record?

A criminal history can substantially affect an immigration case. This is one area where families should avoid guessing.

The immigration consequences of a criminal case don’t always match the way the offense is described in everyday language.

For example, the immigration consequences can depend on:

• the exact statutory offense;
• the sentence imposed;
• the sentence suspended;
• the date of conviction;
• the person’s immigration status;
• the number of convictions;
• the underlying conduct; and
• the jurisdiction where the conviction occurred.

A family member should obtain the actual criminal court records rather than relying on memory.

An immigration attorney may need to review:

• charging documents;
• plea agreements;
• judgments;
• sentencing records;
• police reports; and
• other court documents.

What If the Person Has a Prior Deportation or Removal Order?

A previous removal order can significantly change the situation. A person who was previously ordered removed may face different procedures from someone entering immigration court for the first time.

In some circumstances, the government may seek to execute a prior removal order rather than begin an ordinary removal case from scratch.

A person may have legal options, but the options depend heavily on the facts.

The attorney should determine:

• when the order was issued;
• whether the person appeared in court;
• whether the order was entered in absentia;
• whether the person departed;
• whether the person later returned;
• whether any motion to reopen was filed;
• whether the person has new protection claims; and
• whether any statutory or procedural exception applies.

Don’t assume a decades-old removal order is irrelevant.

What If You Missed an Immigration Court Hearing?

Missing an immigration hearing can result in an in absentia removal order in certain circumstances.

A person who discovers that a removal order may have been entered should speak with an immigration attorney promptly.

The attorney can examine:

• the hearing notice;
• the address the government had on file;
• whether notice was legally sufficient;
• why the person missed the hearing; and
• whether a motion to reopen may be available.

A family member should preserve every notice received from immigration authorities.

What Should Family Members Gather?

A family member can create an immigration emergency folder. Put copies of important records in one secure location.

Immigration documents

Gather:

• passport;
• visa;
• green card;
• employment authorization card;
• USCIS notices;
• immigration court notices;
• asylum documents;
• prior removal documents;
• ICE paperwork;
• A-number; and
• other immigration correspondence.

Family documents

Gather:

• marriage certificates;
• children’s birth certificates;
• proof of U.S. citizenship;
• divorce records;
• adoption documents; and
• evidence of family relationships.

Criminal records

Obtain certified or official copies when possible.

Include:

• arrest records;
• charging documents;
• plea agreements;
• judgments;
• sentencing records; and
• probation records.

Medical records

Collect:

• prescriptions;
• diagnoses;
• treatment records;
• insurance information; and
• emergency contact information.

This information can become particularly important when a detained person has a serious medical condition.

Can Family Members Visit an ICE Detainee?

Visitation rules vary by detention facility.

The facility determines its visitation procedures, including:

• visiting hours;
• identification requirements;
• approved visitors;
• age restrictions;
• security procedures;
• video visitation availability; and
• restrictions on physical visits.

Before traveling, verify the facility’s current rules. A person may be transferred, so confirm the facility before arranging travel.

Can an ICE Detainee Make Phone Calls?

Detention facilities generally provide ways for detained individuals to communicate with family members and attorneys, although the exact telephone system and costs vary by facility.

Family members should ask the detention facility about:

• telephone procedures;
• approved contact numbers;
• video calls;
• attorney calls;
• visiting procedures; and
• communication restrictions.

Legal calls may receive different treatment from ordinary personal calls. An attorney should be able to explain the facility’s communication process.

Should You Give Money to an ICE Detainee?

The answer depends on the facility’s rules. Detention facilities may have systems for detainee accounts, commissary, telephone services, or other approved purchases.

Never send money through an unofficial person who promises to “get someone out of ICE.” Families should verify payment instructions directly through official facility or government sources.

Beware of scams. An immigration emergency creates an ideal environment for fraudsters because worried relatives may make rushed decisions.

How Do You Find an Immigration Attorney?

The EOIR Legal Representation page provides information about legal-service providers.

Families can investigate:

• private immigration attorneys;
• nonprofit immigration organizations;
• pro bono programs;
• accredited representatives; and
• local legal-aid organizations.

Ask the attorney these questions

A family can ask:

1. Do you handle detained immigration cases?
2. Have you represented clients in this detention facility?
3. What immigration defenses might apply?
4. Is the person potentially eligible for bond?
5. Does the person have a prior removal order?
6. Is there an upcoming immigration court hearing?
7. What documents do you need?
8. What are the major risks?
9. What are the estimated legal fees?
10. What deadlines apply?

Be cautious about anyone who guarantees:

“I can definitely stop the deportation.”

No ethical attorney can guarantee a particular immigration outcome.

What If You Cannot Afford a Lawyer?

A private attorney isn’t the only possible source of help. People can search for nonprofit and pro bono immigration services. EOIR maintains information about organizations that provide immigration legal services.

Some organizations provide free representation to qualifying people. Others offer low-cost consultations.

Eligibility can depend on:

• income;
• case type;
• location;
• detention status;
• available funding; and
• organizational capacity.

Because nonprofit organizations can have limited resources, contacting several legitimate organizations may be necessary.

What Should You Do If ICE Comes to Your Home?

The circumstances of an ICE visit can vary. People should remain calm and avoid physical resistance. The rules concerning entry into a home depend on the type of warrant or authorization involved.

An immigration attorney can explain the distinction between an administrative immigration warrant and a judicial warrant.

A person should not open the door simply because an officer says they are from ICE. Ask officers to identify themselves and ask whether they have a warrant.

Don’t physically interfere with officers.

Don’t lie.

Don’t destroy documents.

Don’t attempt to hide or flee through dangerous routes.

A person can seek legal advice about their rights during the encounter.

What Is the Difference Between an ICE Administrative Warrant and a Judicial Warrant?

An ICE administrative warrant is generally issued by an immigration officer or immigration authority under immigration law. It isn’t the same thing as a warrant signed by a judge.

A judicial warrant is issued by a court. The legal authority to enter a private residence can depend on the circumstances and the type of warrant presented.

Because this is a legally technical issue, people shouldn’t rely on a generic internet checklist to decide whether officers can lawfully enter. Ask an immigration lawyer about the specific situation.

What If ICE Stops You in Public?

A public encounter can be stressful.

Stay calm.

Don’t physically resist.

You can ask:

“Am I free to leave?”

The answer can depend on the circumstances.

A person may choose to remain silent and request an attorney rather than answering substantive questions.

Never provide false documents or false information.

Don’t run.

Don’t physically interfere with officers.

The best response depends on the specific facts, including immigration status and the reason for the encounter.

What Happens in Immigration Court?

Immigration court is different from criminal court. The government is represented by an attorney from the Department of Homeland Security, often through Immigration and Customs Enforcement.

The person in removal proceedings is the respondent. The immigration judge decides whether the person is removable and, when applicable, whether the person qualifies for immigration relief.

Possible forms of relief can include, depending on eligibility:

• asylum;
• withholding of removal;
• Convention Against Torture protection;
• cancellation of removal;
• adjustment of status;
• certain waivers; and
• other forms of relief provided by immigration law.

Not every person qualifies for every form of relief.

Why Should You Never Miss an Immigration Court Hearing?

A missed hearing can have serious consequences. In certain situations, an immigration judge can issue a removal order when the respondent doesn’t appear.

The government may use the address it has on record to send hearing notices. That makes address information extremely important.

People should keep their immigration records organized and notify the appropriate agencies or court when legally required. An attorney can explain the applicable requirements.

What If the Person Is Granted Bond?

A bond order can allow a detained person to be released while the immigration case continues. Release doesn’t necessarily end the immigration case.

The person may still need to:

• attend immigration court;
• comply with ICE requirements;
• update contact information;
• comply with release conditions; and
• pursue the immigration defense.

Missing a future hearing can create new problems. Families should treat release as the beginning of the next stage, not the end of the case.

What Happens If Bond Is Denied?

A bond denial does not necessarily mean the underlying immigration case is over. The person’s attorney can determine whether another custody hearing, appeal, motion, or other legal option is available.

The possibilities depend on the legal basis for detention. Don’t assume that paying more money will solve the problem. Immigration detention is governed by legal rules, not simply by the family’s ability to pay.

What Is Expedited Removal?

Expedited removal is a process that allows immigration authorities to remove certain noncitizens without the full ordinary immigration court process.

The applicability of expedited removal depends on federal immigration law and the person’s circumstances.

People who fear persecution or torture in their country may have important protection-related rights and should communicate their fear to immigration authorities.

Because expedited-removal cases can move quickly, legal assistance should be sought as soon as possible.

What If the Person Is Seeking Asylum?

An asylum case requires careful preparation. A person generally needs to establish eligibility under U.S. asylum law based on persecution or a well-founded fear of persecution on account of a protected ground.

A person should preserve evidence such as:

• identity documents;
• threats;
• police reports;
• medical records;
• photographs;
• messages;
• news reports;
• witness statements;
• political or organizational records; and
• other evidence relevant to the claim.

A credible and detailed account of what happened can be important.

Don’t manufacture evidence.

Don’t exaggerate facts.

Don’t memorize a false story.

An immigration lawyer can help organize the evidence and explain the legal standard.

What If the Person Fears Torture?

Some people may seek protection under the Convention Against Torture (CAT). CAT protection has specific legal requirements.

The person generally must establish a risk of torture if removed to the proposed country of removal and satisfy the applicable legal standard. This isn’t the same as asylum. An immigration attorney should evaluate the claim carefully.

What If the Detained Person Has a Serious Medical Condition?

Tell the attorney and detention authorities about serious medical needs.

Provide information about:

• diagnosis;
• medications;
• allergies;
• treating doctors;
• medical history;
• required treatment;
• pregnancy;
• disability; and
• urgent medical needs.

Families should keep copies of medical records.

When a person is detained, access to medications and treatment can become an immediate concern.

If the person reports a medical emergency, the family should communicate the urgency to the facility and attorney.

What If the Person Is a Victim of Domestic Violence or Human Trafficking?

Certain victims of crime, domestic violence, or trafficking may have immigration options that require specialized legal analysis.

Potential protections can include certain forms of relief associated with:

• domestic violence;
• human trafficking;
• qualifying criminal victimization; or
• other humanitarian circumstances.

A person should tell the attorney about victimization even when it feels unrelated to the detention. Those facts could be legally important.

What If the Person Is a U.S. Citizen?

A U.S. citizen generally should not be subject to removal as a noncitizen. However, identity mistakes can happen. If a U.S. citizen is detained by immigration authorities, the person or family should promptly seek legal assistance and gather proof of citizenship.

Useful evidence may include:

• U.S. passport;
• birth certificate;
• naturalization certificate;
• certificate of citizenship; or
• other official proof of U.S. citizenship.

Don’t give a fraudulent document to prove citizenship. Contact an attorney or appropriate government authority promptly.

What If the Person Is a DACA Recipient?

DACA status does not provide lawful permanent residence or citizenship. DACA recipients can have immigration issues that require individualized legal advice, particularly when arrests, convictions, travel, or changes in immigration policy are involved.

A detained DACA recipient should have an immigration attorney review:

• DACA history;
• renewal records;
• criminal history;
• immigration history;
• entries and departures; and
• any prior immigration orders.

Don’t assume DACA alone determines the outcome.

What If the Person Has TPS?

Temporary Protected Status (TPS) is available to nationals of designated countries who meet the applicable requirements. TPS doesn’t necessarily prevent all forms of immigration enforcement. A person’s protection depends on their current status and individual circumstances.

A detained TPS holder should provide the attorney with:

• TPS approval notices;
• employment authorization documents;
• previous applications;
• passports;
• immigration notices; and
• records of travel.

What If the Person Has a Pending Green Card Application?

A pending application does not automatically guarantee protection from detention or removal.

The legal effect of the application depends on:

• the type of application;
• the person’s current status;
• eligibility;
• immigration history;
• criminal history; and
• whether removal proceedings are pending.

Give the attorney every USCIS receipt notice. Don’t assume that a pending application means the case is safe.

What Documents Should a Family Keep Ready?

A practical emergency folder can save valuable time.

Keep copies of:

Personal documents

• passport;
• birth certificate;
• state identification;
• driver’s license;
• Social Security card, where applicable.

Immigration documents

• green card;
• visa;
• EAD;
• USCIS notices;
• asylum documents;
• court notices;
• removal orders;
• ICE documents;
• A-number.

Family documents

• marriage certificate;
• children’s birth certificates;
• proof of citizenship;
• custody documents;
• adoption records.

Legal documents

• criminal court records;
• probation documents;
• previous attorney correspondence;
• immigration court decisions.

Medical documents

• medication list;
• medical conditions;
• insurance information;
• physician contact details.

Keep digital copies in a secure location.

What Are Common Mistakes After ICE Detention?

Several mistakes can make an already difficult situation worse.

1. Panicking and signing everything

Don’t sign a document merely because an officer asks you to.

Understand what you’re signing.

2. Lying to immigration officials

False statements can create additional legal problems.

Tell the truth or exercise your right to remain silent and seek legal advice.

3. Hiring someone who guarantees results

No legitimate immigration professional can guarantee that someone will avoid deportation.

4. Ignoring an immigration court notice

A court date is extremely important.

5. Losing immigration documents

Keep every notice and order.

6. Posting sensitive information online

Don’t publicly post:

• A-numbers;
• passport numbers;
• addresses;
• medical records;
• legal documents; or
• other sensitive information.

7. Waiting too long to contact a lawyer

Detention cases can move quickly.

8. Assuming criminal and immigration law are identical

They’re not.

A criminal defense strategy that seems harmless can sometimes have immigration consequences.

How Can Families Prepare Before an ICE Detention Happens?

Preparation can reduce panic.

A family emergency plan should identify:

• emergency caregivers for children;
• emergency contacts;
• immigration attorney information;
• school contacts;
• medical information;
• important documents;
• financial accounts;
• housing information;
• insurance information;
• vehicle information; and
• instructions for pets.

Families should know where the immigration documents are stored. They should know the person’s A-number.

They should have the phone number of a qualified immigration lawyer. That preparation can save hours when every hour feels like a day.

What Should You Keep in an Immigration Emergency Folder?

Create one physical folder and one secure digital copy.

Include:

Identity

• passport;
• birth certificate;
• ID.

Immigration

• A-number;
• green card;
• EAD;
• visa;
• USCIS notices;
• court notices.

Family

• marriage certificate;
• children’s documents;
• custody orders.

Criminal

• court dispositions;
• probation records.

Medical

• prescriptions;
• diagnoses;
• insurance information.

Contacts

• attorney;
• relatives;
• employer;
• school;
• doctors.

This simple system can make a major difference during an emergency.

How Should You Communicate With a Detained Loved One?

Try to remain calm. Don’t pressure the person to make major legal decisions without understanding the consequences.

Ask practical questions:

• Where are you?
• What facility are you in?
• What is your A-number?
• Did you receive immigration documents?
• Do you have an immigration court date?
• Have you signed anything?
• Did ICE mention a prior removal order?
• Have you spoken with an attorney?
• Do you need medication?
• Do you have access to your prescribed treatment?

Write down the answers. Give the information to the lawyer.

What If ICE Transfers the Person?

Transfers can create confusion. A detainee may be moved to another detention facility.

The family should check the official ICE detainee locator again. The attorney should be informed immediately.

Don’t assume the case has been canceled because the person has moved. The immigration case can continue even when the physical location changes.

What Is the Role of an Immigration Attorney?

An immigration attorney can review the person’s legal history and determine what options may exist.

Depending on the case, the attorney may:

• communicate with ICE;
• seek release or bond;
• represent the person in immigration court;
• prepare applications for immigration relief;
• challenge certain government actions;
• investigate prior removal orders;
• review criminal convictions;
• prepare witnesses;
• gather evidence;
• file motions;
• file appeals when appropriate; and
• explain the consequences of available choices.

The attorney cannot guarantee the result. The attorney’s role is to provide legal representation and help the client make informed decisions.

How Much Does an Immigration Lawyer Cost?

Legal fees vary widely.

The price can depend on:

• detention status;
• case complexity;
• location;
• type of immigration application;
• criminal history;
• prior removal orders;
• number of hearings;
• amount of evidence; and
• whether an appeal becomes necessary.

Ask for a written fee agreement. The agreement should clearly explain what services are included and which services cost extra. Be wary of anyone who refuses to provide basic information about fees.

What Is the Difference Between an Immigration Lawyer and a Notario?

In the United States, a person who calls themselves a “notario” may not be authorized to practice immigration law. In some countries, “notario” can mean a legal professional with substantial authority.In the United States, that term does not automatically mean the person is a lawyer. People seeking immigration help should verify the provider’s credentials.

What Should You Do During the First 24 Hours?

The first day should focus on information.

Hour 1: Confirm custody

Find out whether ICE actually has the person.

Hour 2: Find the facility

Use the ICE detainee locator and contact the relevant facility when necessary.

Hour 3: Find the A-number

Locate immigration documents.

Hour 4: Contact an attorney

Give the lawyer the person’s complete immigration and criminal history.

Hours 5–12: Gather records

Collect:

• immigration documents;
• court records;
• family documents;
• medical records.

Hours 12–24: Determine the legal pathway

Ask the attorney:

• Is there a bond hearing?
• Is there a prior removal order?
• Is there an upcoming court date?
• Is the person eligible for immigration relief?
• Is detention mandatory?
• What evidence should the family gather?

Don’t try to solve every legal issue on day one. Get the facts first.

A Practical ICE Detention Emergency Checklist

Save this checklist somewhere secure.

If a loved one is detained:

• Confirm the detention.
• Search the ICE detainee locator.
• Find the detention facility.
• Obtain the A-number.
• Find the person’s immigration documents.
• Contact an immigration lawyer.
• Ask about bond eligibility.
• Check for a prior removal order.
• Check immigration court information.
• Gather criminal court records.
• Gather proof of family relationships.
• Gather medical information.
• Arrange childcare.
• Secure housing and finances.
• Follow the detention facility’s communication rules.
• Avoid signing documents without understanding them.
• Avoid immigration scams.
• Keep copies of everything.

Questions to Ask an Immigration Attorney

Take notes during the consultation.

About detention

• Why was the person detained?
• Where is the person being held?
• Is the detention mandatory?
• Can the person request bond?

About immigration history

• Does the person have a prior removal order?
• Does the person have lawful status?
• Is there a pending USCIS application?
• Is there an immigration court case?

About possible defenses

• Could asylum apply?
• Could withholding of removal apply?
• Could CAT protection apply?
• Could cancellation of removal apply?
• Could adjustment of status apply?
• Could a waiver apply?

About criminal history

• Does a conviction affect removability?
• Does it affect bond?
• Can the criminal case be reviewed?

About the family

• Do U.S.-citizen children matter to any potential immigration application?
• Could a spouse petition be relevant?
• What evidence should the family gather?

Can a Family Member Stop Deportation?

A family member cannot personally order ICE to release someone or stop a removal. However, family members can provide information and evidence that may support an immigration case.

Depending on the circumstances, family relationships can be relevant to certain forms of immigration relief.

For example, evidence involving a U.S.-citizen or lawful-permanent-resident spouse, parent, or child may be important in some applications.

But having a U.S.-citizen relative doesn’t automatically prevent detention or deportation. An attorney should determine whether the relationship creates a specific legal benefit.

What If the Person Is the Family’s Main Income Earner?

ICE detention can create immediate financial pressure.

Families should make a short-term plan for:

• rent;
• mortgage payments;
• utilities;
• food;
• transportation;
• childcare;
• health insurance;
• school expenses; and
• legal fees.

A trusted family member may need temporary authority to handle certain practical matters.

People should be careful with powers of attorney and financial documents. A lawyer can explain which documents are appropriate for the family’s circumstances.

What If the Person Is Afraid to Contact an Attorney?

An immigration attorney is bound by professional duties concerning client confidentiality, subject to applicable legal and ethical rules.

The person should tell the attorney the truth.

Don’t hide:

• previous immigration applications;
• prior arrests;
• convictions;
• false statements made to immigration authorities;
• previous deportations;
• unlawful entries; or
• other complicated facts.

The lawyer needs accurate information to provide competent advice.

What If ICE Says the Person Will Be Deported Immediately?

Don’t assume that an officer’s statement tells the entire legal story. The government may have authority to remove certain people quickly under particular immigration procedures, while other cases involve immigration court proceedings or opportunities to seek relief. The attorney should determine the person’s legal posture.

Ask:

• Is there a final removal order?
• Is this expedited removal?
• Is the person in ordinary removal proceedings?
• Is there a pending protection claim?
• Is there a motion that can be filed?
• Is judicial review potentially available?

Time can be critical.

What If Someone Is Being Asked to Leave Voluntarily?

Voluntary departure and other departure-related options can carry legal consequences.

A person shouldn’t agree to a departure arrangement without understanding:

• whether they are giving up an immigration defense;
• whether a removal order will be entered;
• how future immigration applications may be affected;
• whether bars to reentry could apply; and
• whether the person has another available form of relief.

Speak with an immigration attorney before making a major decision.

What If the Person Wants to Fight the Case?

The person may have a right to contest removability or seek immigration relief, depending on the circumstances. The government generally has to establish the applicable legal basis for removal in immigration court proceedings.

The person’s attorney can examine the government’s allegations and determine whether they can be challenged.

Evidence can include:

• testimony;
• documents;
• expert reports;
• country-condition evidence;
• family records;
• medical evidence;
• employment records; and
• other relevant material.

The strength of the case depends on the facts and applicable law.

Why Accurate Information Matters?

Immigration cases are highly fact-specific. Consider two people who entered the United States without inspection.

Person A has a U.S.-citizen spouse, no criminal convictions, a long residence history, and potentially qualifying humanitarian circumstances.

Person B has a prior removal order and certain criminal convictions.

Although both people may have entered without inspection, their legal situations can be dramatically different. That’s why online advice should never replace a case-specific legal review.

How Can You Protect Yourself From Immigration Scams?

An ICE detention is a stressful moment, and scammers know that.

Watch for people who:

• guarantee release;
• guarantee a green card;
• guarantee cancellation of deportation;
• demand immediate payment through gift cards;
• claim to have a “friend” inside ICE;
• refuse to provide a written agreement;
• pretend to be government officials;
• request unusual payment methods; or
• pressure the family to make an immediate decision.

Verify legal professionals through appropriate licensing or accreditation sources.

Don’t send money simply because someone says:

“Pay now or your relative will be deported tomorrow.”

Verify the claim.

What Should You Do After Release From ICE?

Release doesn’t necessarily end immigration obligations.

The person should immediately:

1. Confirm the next immigration court date.
2. Keep every ICE and court document.
3. Follow reporting requirements.
4. Update addresses when legally required.
5. Attend every hearing.
6. Continue working with the immigration attorney.
7. Follow any bond or release conditions.
8. Keep copies of evidence.
9. Avoid new criminal charges.
10. Ask the attorney before traveling internationally.

Travel can have serious immigration consequences for some people. Don’t leave the United States based solely on advice from friends or internet forums.

What Happens If ICE Removes the Person From the United States?

Removal can create significant consequences for future immigration. Depending on the circumstances, a person may face a period during which they are barred from returning to the United States.

Future immigration applications may require waivers or additional legal steps.

The person should retain copies of:

• removal orders;
• departure records;
• immigration court decisions;
• prior applications; and
• attorney correspondence.

A person who has been removed should consult an immigration attorney before attempting to return to the United States.

What Should a Person Never Do During ICE Detention?

Avoid these actions:

Don’t fight officers.

Physical resistance can create additional criminal or legal problems.

Don’t lie about identity or immigration history.

False information can complicate the case.

Don’t sign documents you don’t understand.

Ask for an explanation and legal advice.

Don’t destroy documents.

Preserve evidence.

Don’t invent an asylum story.

False claims can have severe consequences.

Don’t miss immigration court.

A missed hearing can lead to serious consequences.

Don’t trust guaranteed outcomes.

Immigration cases have uncertainty.

Don’t give money to unofficial intermediaries.

Verify legal and payment information.

What to Do If You or a Loved One Is Detained by ICE?

An ICE detention is serious, but panic isn’t a legal strategy.

The most useful response is organized action.

Find the person.

Use the official ICE detainee locator

Find the A-number.

This number can help attorneys and government agencies identify the immigration case.

Contact an immigration attorney.

Choose someone experienced with detained immigration cases.

Protect legal rights.

Don’t lie, don’t physically resist, and don’t sign documents you don’t understand.

Investigate bond and release options.

Some people may qualify for release, while others may be subject to mandatory detention.

Find out what immigration proceedings exist.

Determine whether the person has a Notice to Appear, upcoming hearing, prior removal order, or another immigration process.

Gather evidence.

Collect immigration, family, criminal, medical, and financial records.

Protect the family.

Make immediate arrangements for children, housing, food, employment, transportation, and medical care.

Watch for scams.

Use official government websites and verified legal professionals.

Most importantly, don’t assume that every ICE detention produces the same result. Immigration law depends heavily on the person’s individual history. A lawful permanent resident, asylum seeker, DACA recipient, person with a prior removal order, and person with certain criminal convictions can face very different legal issues.

The sooner the family obtains accurate information and qualified legal assistance, the sooner it can understand the available options.

FAQs