Understanding the ICE Detention Process
A comprehensive guide to what happens when someone is detained by Immigration and Customs Enforcement (ICE), from arrest through release or removal proceedings.
The Detention Process: Step by Step
Arrest by ICE
ICE officers may arrest individuals at their home, workplace, during routine check-ins, or after release from local law enforcement custody. Officers must identify themselves and present proper credentials.
Your Rights During Arrest:
- • Right to remain silent (except for providing your name)
- • Right to refuse to sign any documents without an attorney
- • Right to contact your consulate if you are not a U.S. citizen
- • Right to make a phone call to notify family or attorney
Initial Processing
After arrest, you will be taken to a local ICE office or processing center for initial intake. This includes:
- Fingerprinting and photographing
- Background checks and criminal history review
- Medical screening for communicable diseases
- Assignment of an Alien Registration Number (A-Number)
- Completion of biographical information forms
Important:
- • Do not sign any documents, especially voluntary departure forms, without speaking to an attorney first. Signing certain documents can waive your right to see an immigration judge.
Custody Determination
ICE will make a custody determination to decide whether you will be held in detention or released. This decision considers:
- Whether you are subject to mandatory detention
- Your criminal history and immigration violations
- Flight risk assessment and community ties
- Danger to the community evaluation
May Be Eligible for Bond
- • No serious criminal convictions
- • Strong community ties
- • No prior immigration violations
- • Not subject to mandatory detention
Mandatory Detention (No Bond)
- • Certain criminal convictions
- • Aggravated felonies
- • Crimes of moral turpitude
- • National security concerns
Notice to Appear (NTA)
You will receive a Notice to Appear (NTA), which is the formal charging document that begins removal proceedings. The NTA includes:
- Allegations of immigration law violations
- Charges of removability (deportability)
- Date, time, and location of your first hearing
- Your rights in immigration court
Critical:
- • Keep all copies of the NTA and any other documents you receive. These are essential for your attorney to build your defense.
Master Calendar Hearing
Your first hearing before an immigration judge is called a Master Calendar Hearing. This is a brief procedural hearing where:
- The judge reviews the charges against you
- You admit or deny the allegations
- You indicate what relief from removal you may seek
- The judge schedules future hearings
- Bond hearings may be requested
Bond Hearing (If Eligible)
If ICE did not set a bond or if you believe the bond amount is too high, you can request a bond hearing before an immigration judge. The judge will consider:
- Whether you are a flight risk
- Whether you pose a danger to the community
- Your ties to the United States (family, employment, property)
- Your immigration and criminal history
Judge's Decision and Appeals
After the individual hearing, the judge will issue a decision to either:
- Grant relief and terminate removal proceedings
- Order removal (deportation) from the United States
Note:
- • If the judge orders removal, you have 30 days to appeal to the Board of Immigration Appeals (BIA). The government can also appeal if you win. During the appeal, you may remain in detention or be released on bond depending on your circumstances.
What Families Can Do
Immediate Steps
- 1Get the detainee's A-Number (Alien Registration Number) if possible
- 2Use the ICE Detainee Locator to find their location
- 3Contact an experienced immigration attorney immediately
- 4Gather important documents (birth certificates, marriage certificates, etc.)
- 5Begin preparing for bond if eligible
Ongoing Support
- Maintain regular communication through phone calls and visits
- Send money to the detainee's commissary account
- Attend all court hearings to show family support
- Collect evidence and documents for the case
- Stay in close contact with the attorney