Every situation involving a U.S. Immigration and Customs Enforcement (ICE) arrest is different. Where the arrest happened, any past immigration issues, and your loved one’s legal status all shape what you should do next. The sooner you understand your options and connect with an experienced immigration lawyer, the better positioned your loved one may be to pursue release or defend against removal.
Shamieh Law helps families navigate these stressful situations, providing guidance, locating detained loved ones, and protecting their rights. Contact us today to get the support your family deserves.
What Immediate Steps Should I Take if Someone I Know Is Detained by ICE?
Finding out a loved one is detained by ICE can be shocking and deeply stressful. It can feel like there’s no clear path forward, but taking action quickly can make a real difference. Here are steps you can take to support and locate your loved one:
Gather Critical Information
When helping your loved one, start by finding their Alien Registration Number, also known as an A-Number or A#. The Department of Homeland Security assigns this nine-digit identifier to non-citizens, including immigrants and visa applicants. You will need this number to locate detainees, access case information, set up phone accounts in detention facilities, and visit loved ones in custody.
If your loved one has filed an immigration application before or was arrested at the border and allowed entry, they likely already have an A-Number. Otherwise, ICE will assign one after arrest.
Other important information to gather includes:
- Country of birth
- Country of citizenship
- Date of birth
- Full name
- Nicknames or aliases
- Any documents provided by ICE, such as a Notice to Appear or Notice of Custody Determination
- Any previous criminal or immigration records
Use the ICE Online Detainee Locator
Search for your loved one using their A-Number and country of birth, or by entering their biographical information. The Online Detainee Locator System does not provide information about some people, such as those under 18 or those held by U.S. Customs and Border Protection for less than 48 hours. It can take one to two days before a person’s name is entered into the online system.
If you cannot find your loved one, double-check the search terms and try again. For name-based searches, the system only returns exact matches. Try different spelling variations if you don’t have success. If you’re unsure about the country of birth, try entering the countries where your loved one has lived.
Contact the Local ICE Field Office
If you can’t locate your loved one using the online tool, call the local ICE field office in the area where officials detained them. Staff may be able to verify limited information such as location, transfer status, or bond details.
Check Other Custody Systems
In some instances, law enforcement may house loved ones at city, county, or state facilities before transferring them to an ICE detention facility. This means that if you don’t find your loved one in the ICE Online Detainee Locator right away, they may be held in a local or regional facility.
Consider Contacting a Consulate for Help
Consulates can be an important resource when a family member is detained by ICE, helping with guidance, communication, and access to welfare-related support. However, if your loved one is seeking asylum, contacting the consulate could undermine their claim and create unintended risks for both the detainee and their family. Speak with an immigration attorney first to decide whether reaching out is appropriate.
Contact an Immigration Attorney
Contacting an experienced immigration lawyer is one of the most important steps you can take if a loved one is in ICE custody. An attorney can clarify the legal process, represent your family in court, and advise on legal options.
Immigration issues affect countless families across the United States, making trustworthy immigration assistance more crucial than ever. That’s why Shamieh Law, a multi-lingual personal injury firm, has expanded its services to include immigration law.
Attorney Jordan Weinberg, based in Dallas, leads our immigration practice and commits to personal care and open communication. He aims to make the immigration process faster, clearer, and more affordable for clients and their families.
What to Do Once You Have Located Your Loved One
Knowing where your loved one is being held can bring a sense of clarity, but the process doesn’t end there. There are steps you can take to ensure their well-being and stay involved in their case:
Establish Communication and Schedule Visits
Once you have determined which detention facility your loved one is located in, contact the facility to schedule calls or visits. Some may allow in-person visits, while others may only allow video visits.
When speaking with the facility, request information on how to set up a phone account and how to send money to your loved one, so they can access basic necessities and food at the detention center.
Ensure They Understand Their Rights in ICE Custody
Remind your loved one as soon as possible that they have rights, regardless of their immigration status. For example:
- Right to remain silent: Your loved one does not have to answer questions about their birth country, immigration status, or how they entered the country. They should not lie, but they can choose to remain silent.
- Right to an attorney: Your loved one has the right to legal counsel, but the government may not provide one for free. They should avoid signing any documents without first consulting with an attorney.
- Right to a hearing in many cases: Most individuals in removal proceedings have the right to appear before an immigration judge. However, certain categories, including individuals with prior removal orders or specific criminal convictions, may face limited or expedited procedures.
A lawyer can clarify legal rights and options.
Locate Your Loved One’s Immigration Court Details
You can search your loved one’s court information by using the Executive Office for Immigration Review’s Automated Case Information System (ACIS). You will need your loved one’s A-Number and nationality to search.
Find Out If Your Loved One Will Appear Before an Immigration Judge
A detainee is not always guaranteed to see an immigration judge. If your loved one has an outstanding removal order, a prior deportation, an aggravated felony conviction, or an expedited removal order, officials may deport them without a hearing before a judge.
If your loved one has a prior deportation or aggravated felony conviction and fears returning to their country, they can request a Reasonable Fear Interview (RFI) with an Asylum Officer. If they pass the interview, they will have hearings before an immigration judge to ask for protection. Make sure your loved one tells every immigration official about their fear and requests a Reasonable Fear Interview if officials do not offer one automatically.
Those who are eligible for a hearing will receive a Notice to Appear, which begins the formal removal process.
Determine If Your Loved One Is Eligible for Bond
Immigration officials determine eligibility for a bond hearing based on a person’s immigration and criminal history. Certain individuals, including those with prior removal orders or specific criminal convictions, may be ineligible for bond.
If your loved one is in removal proceedings, they can ask for a bond hearing. Usually, officials allow only one request, so it’s very important to get help from an attorney for this process.
Post an Immigration Bond
You can pay immigration bonds online through ICE’s Cash Electronic Bonds (CeBonds) webpage. You can also pay at the nearest ICE ERO Bond Acceptance Facility using a cashier’s check or money order from the U.S. Post Office or a bank. The bond acceptance facilities do not accept cash, credit cards, or wire transfers.
You do not need to be in the same state as the detention center to pay for your loved one’s bond. To post a bond, you must generally be at least 18 years old and have lawful immigration status, such as U.S. citizenship or lawful permanent residence.
Steps Detained Parents Can Take to Protect Their Children
If your loved one is a parent or legal guardian in ICE detention, they can still make important decisions about their child’s care from inside the facility. A minor is anyone under 18 years old. Here’s what you should know:
- Your loved one has the right to stay close to their child and to keep in contact, whether in person, by video call, or by phone.
- Some facilities provide procedures for communicating childcare needs or coordinating with family members.
- In many situations, a detained parent may express their preference regarding whether their child remains in the United States or departs with them. Court orders and custody arrangements may affect this decision.
- Your loved one can participate in their child’s welfare court case while in ICE detention. They, the court, or the child welfare agency must give ICE a written statement saying your loved one needs to be involved in those proceedings.
Shamieh Law is Here for Immigrants Across the United States
Dealing with an ICE detention is never easy, but understanding your options and acting promptly can make a difference. Guided by our founder attorney Ramez F. Shamieh, a second-generation Palestinian-American, our firm focuses on service, results, authenticity, and treating every client like family.
We commit to Winning With Awareness–working tirelessly for the most favorable outcome while understanding the challenges you and your family face. When you work with our immigration lawyers, you gain a dedicated team that fights for the future you and your loved ones deserve.
Contact us online or call 888-415-3834 today for a free consultation.