Someone Detained by ICE?

Time is critical. Get immediate legal help.

Amaral Law
Back to ResourcesNeed Immediate Help? Call 1-844-423-3733

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.

Day 0

Phase 1: The Arrest

How ICE Arrests Occur

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.

Your Rights During Arrest

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

0-48 Hours

Phase 2: Initial Processing

Booking and Documentation
1

Biometric Collection

Fingerprints, photographs, and biographical information are collected and entered into federal databases.

2

Criminal Background Check

FBI database search for any criminal history in the United States.

3

Immigration History Review

Check for prior deportations, visa overstays, or pending immigration cases.

4

Medical Screening

Basic health assessment to identify immediate medical needs.

5

Property Inventory

Personal belongings are catalogued and stored until release or deportation.

Assignment of Alien Number (A-Number)

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.

The A-Number is the most important piece of information for families

Example A-Number Format:

A123-456-789

24-72 Hours

Phase 3: Custody Determination

ICE Makes a Custody Decision

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.

Factors ICE Considers

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

Mandatory Detention Categories

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)

1-10 Days

Phase 4: Notice to Appear (NTA)

What is a Notice to Appear?

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.

Contents of the NTA

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')

Common Charges on NTAs
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

Service of the NTA

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.

1-7 Days

Phase 5: Transfer to Detention Facility

Types of Detention Facilities

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

What Happens at the Facility

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

2-6 Weeks After NTA Filed

Phase 6: First Court Appearance

Master Calendar Hearing

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.

Purpose of the Master Calendar Hearing
1

Verify identity and confirm receipt of NTA

2

Advise of rights (right to attorney at own expense, right to present evidence, right to appeal)

3

Take pleadings (admit or deny factual allegations, concede or contest charges of removability)

4

Identify potential forms of relief from removal

5

Set future hearing dates

Possible Outcomes

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

1-3 Weeks After Request

Phase 7: Bond Hearing

Immigration 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.

Matter of Guerra Factors

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 Hearing Outcomes

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

StageTypical Timeframe
Arrest to booking0-24 hours
Initial processing24-48 hours
Custody determination24-72 hours
NTA issued and served1-10 days
Transfer to detention facility1-7 days
NTA filed with court1-14 days after service
First master calendar hearing2-6 weeks after filing
Bond hearing (if requested)1-3 weeks after request

What Family Members Should Do Immediately

1

Get the A-Number

This 9-digit number is essential for everything. Ask the detained person or check any paperwork they received.

2

Use ICE Detainee Locator

Visit locator.ice.gov to find where your loved one is being held.

3

Contact an Immigration Attorney

Time-sensitive deadlines apply. Many forms of relief have strict filing requirements.

4

Gather Documents

ID, proof of relationship, financial documents for bond, evidence of community ties.

5

Do NOT Sign Anything

Never sign documents on behalf of the detained person without attorney advice.

6

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.

Related Guides