ICE Detention Process
Complete Guide: From Arrest to Court
Understanding what happens when someone is detained by ICE is crucial for families and individuals navigating the immigration system. This comprehensive guide explains each phase of the detention process.
Phase 1: The Arrest
Targeted Enforcement
ICE has a specific warrant for an individual based on prior deportation orders, criminal history, or immigration violations.
Collateral Arrests
Person encountered during an operation targeting someone else who is also found to be in violation of immigration law.
Jail Transfers
Local law enforcement notifies ICE of a non-citizen in custody through 287(g) agreements or ICE detainers.
Workplace Raids
ICE conducts enforcement at businesses suspected of employing undocumented workers.
Home Visits
ICE officers arrive at a residence. They cannot enter without consent or a judicial warrant signed by a judge.
Right to remain silent
You don't have to answer questions about your immigration status
Right to refuse home entry
ICE administrative warrants do NOT authorize home entry without consent
Right to contact an attorney
Ask for a lawyer before answering any questions
Right to contact your consulate
Foreign nationals can contact their country's consulate
Phase 2: Initial Processing
Biometric Collection
Fingerprints, photographs, and biographical information are collected and entered into federal databases.
Criminal Background Check
FBI database search for any criminal history in the United States.
Immigration History Review
Check for prior deportations, visa overstays, or pending immigration cases.
Medical Screening
Basic health assessment to identify immediate medical needs.
Property Inventory
Personal belongings are catalogued and stored until release or deportation.
Every person in immigration proceedings receives a unique 9-digit A-Number (e.g., A123-456-789). This number is essential for tracking the case and locating the detained person. Family members need this number to find their loved one using the ICE detainee locator.
Example A-Number Format:
A123-456-789
Phase 3: Custody Determination
Release on Own Recognizance (OR)
Rare, typically for low-risk individuals with very strong community ties and no criminal history.
Release on Bond
ICE sets a bond amount. Minimum is $1,500, but typical bonds range from $5,000 to $25,000 or higher.
Alternatives to Detention (ATD)
Release with GPS ankle monitor, regular check-ins at ICE office, or phone app monitoring.
Continued Detention
Person remains in ICE custody pending resolution of their immigration case.
Flight Risk
Ties to community, family, employment, property ownership
Danger to Community
Criminal history, nature and severity of offenses
Immigration History
Prior deportations, visa violations, failure to appear
Manner of Entry
Legal entry vs. entry without inspection
Time in U.S.
Length of continuous presence in the United States
Some individuals are NOT eligible for bond and must remain detained:
Certain criminal convictions (aggravated felonies, controlled substances, firearms, crimes of moral turpitude)
Arriving aliens (caught at port of entry without valid documents)
Certain terrorism-related grounds
Prior deportation orders (reinstatement of removal)
Phase 4: Notice to Appear (NTA)
The Notice to Appear (Form I-862) is the charging document that initiates removal proceedings in Immigration Court. It is NOT a court date—it's the formal accusation that the government believes you are removable from the United States.
Personal Information
Name, A-Number, date of birth, country of citizenship
Factual Allegations
Numbered statements about the person's immigration history (e.g., 'You entered the United States on or about [date]')
Charges of Removability
The specific sections of the Immigration and Nationality Act (INA) that ICE alleges make the person deportable
Notice of Hearing
States that proceedings will be held before an Immigration Judge (date/time may initially say 'TBD')
INA § 212(a)(6)(A)(i)Present without admission or parole (entered without inspection)
INA § 212(a)(7)(A)(i)(I)No valid immigrant visa or entry document
INA § 237(a)(1)(B)Overstayed visa (remained longer than authorized)
INA § 237(a)(1)(C)(i)Violated conditions of nonimmigrant status
INA § 237(a)(2)Criminal grounds of deportability
ICE must personally serve the NTA on the individual. The person signs acknowledging receipt (or ICE notes refusal to sign). A copy is filed with the Immigration Court, which officially begins proceedings. The court then sends a hearing notice with the actual date, time, and location.
Phase 5: Transfer to Detention Facility
ICE Processing Centers
Short-term holding facilities, usually 24-72 hours maximum
Service Processing Centers (SPCs)
ICE-owned and operated facilities for longer-term detention
Contract Detention Facilities (CDFs)
Privately operated by companies like GEO Group and CoreCivic
IGSA Facilities
County jails with Intergovernmental Service Agreements with ICE
Full medical examination and health assessment
Classification assessment to determine security level
Housing assignment based on classification
Orientation on facility rules and procedures
Access to legal resources (law library, legal aid organization lists)
Phone access to call family members and attorneys
Phase 6: First Court Appearance
The first court appearance is called a Master Calendar Hearing. This is a short hearing, typically lasting only 10-15 minutes, where multiple cases are scheduled at the same time.
Verify identity and confirm receipt of NTA
Advise of rights (right to attorney at own expense, right to present evidence, right to appeal)
Take pleadings (admit or deny factual allegations, concede or contest charges of removability)
Identify potential forms of relief from removal
Set future hearing dates
Request for Continuance
To find an attorney or gather evidence
Bond Hearing Request
If eligible, ask the judge to set or lower bond
Designation of Relief
Identify what forms of relief you'll pursue (asylum, cancellation of removal, etc.)
Individual Hearing Scheduled
The full merits hearing where your case will be decided
Phase 7: Bond Hearing
A bond hearing is a separate proceeding where an Immigration Judge determines whether you should be released from detention and, if so, what bond amount is appropriate.
Who Can Request a Bond Hearing
Anyone NOT subject to mandatory detention can request a bond hearing. It must be requested—it is not automatic. Your attorney can file a motion for bond hearing, or you can request one at your master calendar hearing.
The Immigration Judge will consider these factors when deciding whether to grant bond:
Fixed Address
Whether the person has a stable place to live
Length of Residence
How long they have lived in the community
Family Ties
Spouse, children, parents, or other relatives in the U.S.
Employment History
Stable job history and current employment prospects
Court Appearance Record
History of appearing for court dates and immigration appointments
Criminal Record
Nature and severity of any criminal history
Immigration Violations
History of immigration law violations
Attempts to Flee
Any history of evading immigration officers
Bond Granted
Judge sets a bond amount that must be paid in full for release
Bond Denied
Person remains detained pending case resolution
Release on Recognizance
Rare—release without payment required
Timeline Summary
| Stage | Typical Timeframe |
|---|---|
| Arrest to booking | 0-24 hours |
| Initial processing | 24-48 hours |
| Custody determination | 24-72 hours |
| NTA issued and served | 1-10 days |
| Transfer to detention facility | 1-7 days |
| NTA filed with court | 1-14 days after service |
| First master calendar hearing | 2-6 weeks after filing |
| Bond hearing (if requested) | 1-3 weeks after request |
What Family Members Should Do Immediately
Get the A-Number
This 9-digit number is essential for everything. Ask the detained person or check any paperwork they received.
Use ICE Detainee Locator
Visit locator.ice.gov to find where your loved one is being held.
Contact an Immigration Attorney
Time-sensitive deadlines apply. Many forms of relief have strict filing requirements.
Gather Documents
ID, proof of relationship, financial documents for bond, evidence of community ties.
Do NOT Sign Anything
Never sign documents on behalf of the detained person without attorney advice.
Deposit Money for Calls
Put money into the commissary account so they can make phone calls.
Need Help with a Detention Case?
Our experienced immigration attorneys are available 24/7 to help families navigate the detention process. We can file bond motions, represent your loved one in court, and fight for their release.