After an ICE arrest, relatives should gather the person’s identifying details, locate them through the agency’s detainee system and confirm the facility directly. Then contact an immigration lawyer or accredited legal-services provider. Move quickly, but do not pay anyone promising guaranteed release.
Start by collecting documents. A little preparation helps.
Start with the person’s documents and identifying details
Write down the person’s full legal name, including alternate spellings, date of birth and country of birth. Find the nine-digit registration number, usually printed on immigration or court papers. Keep the date, time and location of the arrest with those details.
Free toolCSPA Age-Out Calculator OnlinePhotograph or copy every immigration document available. Include any Notice to Appear, removal order, hearing notice or bond paperwork. Gather criminal-court records, including records of dismissed cases.
Record urgent medical conditions, medications and disabilities. Note the names and contact details of potential witnesses, employers, relatives or a proposed sponsor. Do not alter documents or submit false information.
Search ICE’s locator, then work through a missing result
Use ICE’s Online Detainee Locator System. Search with the person’s registration number and country of birth, or enter their exact first and last names, date of birth and country of birth. The number-based search is generally more reliable.
A name search can miss someone when surnames are reversed, middle names are absent or spellings differ. Data-entry errors can also interfere. Recently arrested people may not appear right away, and the system generally excludes people under 18.
The locator’s information may lag by several hours. A missing result does not establish that the person has been released or removed. They could still be processing, moving between facilities or awaiting a transfer.
Try alternate spellings and the person’s complete legal name, then search again later. If there is still no match, contact the ICE Enforcement and Removal Operations field office covering the arrest location. Call likely local detention facilities, county jails or the arresting ICE office. If the person may be in criminal custody, check the relevant county or state jail system.
Keep a record of each contact. Write down the facility and telephone number, the registration number, the field office, and the date and time of every call.
Call the facility before making the trip
Once the locator identifies a facility, call to verify that the person is physically there. Ask how they can make outgoing calls and whether family can use phone, video or in-person visits. Facility rules differ.
Ask about attorney-contact and legal-visit procedures, whether staff received medication or medical-care requests, and whether a transfer or court appearance is scheduled. Detainees can be moved with little notice. Confirm the information before traveling.
The detained person should ask to contact a trusted relative, counsel, a legal-services organization or their consulate. They generally should not sign voluntary departure, stipulated removal, deportation, waiver or other immigration papers before counsel reviews them. They should not lie to officers or physically resist.
Counsel can assess release options and legal risks
Removal proceedings generally do not come with a government-appointed lawyer. A detainee may have counsel, usually at their own expense. Representation may come from a private attorney experienced in detention and bond matters, nonprofit legal-services organizations, EOIR’s pro bono legal-services list, AILA’s attorney directory or a DOJ-accredited representative working through a recognized nonprofit.
Avoid “notarios,” immigration consultants and anyone who guarantees release, bond, asylum or cancellation of removal. Check that an attorney holds a license in the relevant state, and ask for a written fee agreement. No promised result replaces an individual review.
When contacting counsel, provide the person’s name, date and country of birth, registration number, detention facility and arrest date. Share upcoming hearing or removal dates, any prior removal order, criminal history, family ties, residence and employment history, medical issues, and copies of papers from ICE or the immigration court. Include dismissed or sealed matters in the criminal history.
Ask counsel to assess whether bond or another release request to DHS is legally available. Other questions may include prosecutorial discretion, a stay if removal appears imminent, a motion to reopen or rescind an in absentia order, asylum, withholding of removal or Convention Against Torture protection. Counsel may also review cancellation of removal, adjustment of status, waivers, federal habeas corpus or emergency federal-court relief where appropriate.
The available options depend on immigration history, criminal record, earlier orders, manner of entry, custody category and the relief sought. Some people face mandatory detention or statutory bars. A bond hearing may not be available.
Check the court system and preserve the hearing details
Use EOIR’s automated case-information system with the registration number. The telephone numbers are 1-800-898-7180 and 240-314-1500. The system can report a scheduled hearing, but it does not replace court documents or advice from counsel.
Confirm the court location and hearing date and time. Check whether the person has an attorney of record, whether an order of removal has been entered, and whether the case is before an immigration judge or on appeal. Find out whether the person missed an earlier hearing.
If the case information conflicts with court papers, contact the immigration court and counsel promptly. Keep the actual documents.
Build a bond file while counsel checks eligibility
If bond is legally available, counsel may request a bond hearing or seek release from DHS. Families can start collecting supporting records:
- Proof of a proposed sponsor’s lawful status, if relevant, and proof of residence such as a lease, mortgage or utility bills.
- Employment letters, pay stubs, tax records and school records.
- Marriage, birth and other documents showing family relationships, plus medical records.
- Letters from employers, clergy, teachers and community members.
- Evidence of appearances in court and compliance with prior orders.
- Complete certified records for every criminal charge.
An immigration judge may consider danger, flight risk and statutory custody restrictions. Family and community support can help, but it does not guarantee release.
Report immediate safety needs and keep a call log
Tell the facility and counsel promptly about missing medication, untreated conditions, pregnancy, disability, mental-health concerns or suicide risk. Report abuse, threats or unsafe conditions. Flag minor children or dependent adults without care, an imminent transfer or removal, a need for consular help, or difficulty communicating in English.
Arrange childcare and financial support, and secure important documents. Keep a written log of names, calls, instructions, transfers, dates and deadlines. The detained person may generally remain silent rather than answer questions about immigration history, request an attorney or interpreter, contact a consulate and decline to sign papers until counsel reviews them.
They should not lie, use false documents, resist physically or sign papers they do not understand. They should not miss a court hearing without legal advice or send money to an unverified caller claiming payment will secure release.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.