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If you discover that U.S. Immigration and Customs Enforcement (ICE) has detained a family member, uncertainty about what will happen next and, for many, where your detained loved one is being held can feel paralyzing. Yet, when ICE detains a loved one, you may have more options than you realize. One of the first steps is to speak with an immigration lawyer about your options.
At the Law Office of Rosina C. Stambaugh, we know that a loved one detained by ICE, especially unexpectedly, can be devastating and traumatic. You are not alone. We are here to help. With extensive experience in deportation defense, our firm provides compassionate, client-centered service. Reach out to speak with us today.
Take a Deep Breath
When you learn that ICE has detained a family member, your initial reaction may be panic—but know that there is help for you. Take a moment to breathe, and then take the following steps.
Confirm Your Loved One Has Been Detained and Where They Are
If you did not witness ICE take your loved one away, you may be uncertain that ICE is holding your family member or, if it is, where your family member is. Unfortunately, immigrant detainees—noncitizens held by ICE in a government facility—sometimes end up several hours away, depending on your location and the availability of detention centers.
To confirm that ICE has detained your loved one and to locate them, you can:
- Use ICE’s Online Detainee Locator System;
- Call local ICE detention facilities or offices; and
- Check with local police if they cooperated with ICE during the arrest process.
If these options make you fear for yourself or other loved ones, let your immigration lawyer complete them. Note that the online detainee locator may reverse first and second last names, so you may need to try multiple versions of your loved one’s name to find them.
What Happens to Immigrants When They Are Detained?
What happens when you get detained? The process is similar to what happens when the government arrests you for a crime and usually involves:
- Arrest—ICE agents may arrest individuals at home, work, or during routine activities like traffic stops;
- Detention —ICE takes arrestees to a detention center;
- Processing—ICE collects information and reviews the detainee’s immigration history;
- Notice to Appear (NTA)—an NTA informs the detainee the government is trying to deport them and they have an upcoming immigration court hearing; and
- Immigration court proceedings—an immigration judge conducts a hearing about whether the detainee should be deported.
Understanding these steps enables you to better support your loved one during this challenging time.
What to Do If Detained by ICE
If ICE has detained you or your loved one, take the following steps:
- Contact an immigration lawyer;
- Do not sign anything without legal advice; and
- Do not admit to anything without legal advice.
If you are helping a detained loved one, the following key documents can help an attorney assess the case:
- Passports,
- Visas,
- Birth certificates, and
- Other immigration-related paperwork.
Knowing what to do if detained by ICE—or, better yet, what not to do if detained by ICE—is critical to protecting your rights. Unfortunately, without outside support, ICE agents may pressure detainees to sign documents agreeing to leave the country without a formal process, regardless of whether they understand what they are signing.
How Long Can ICE Detain Someone?
Generally, ICE is only supposed to detain individuals for up to 90 days while arranging deportation, known as the “removal period.” However, ICE routinely extends detention beyond this period, sometimes for years.
If ICE has detained your loved one, you may be able to have them released for several reasons. You may shorten the detention period by:
- Paying a bond,
- Requesting humanitarian parole, and
- Defending against removal.
Your lawyer can guide you through exactly what you need to do.
Requesting Release on Bond or Parole
When ICE has detained a family member, you may free them from detention by:
- Paying a bond set by ICE,
- Requesting a bond hearing if ICE does not set a bond; or
- Requesting release on humanitarian grounds like medical needs or family hardships.
Many prioritize getting their loved ones out of the detention center. This allows them to participate more fully in their legal defense and means they are not confined in a facility and separated from their family while they wait.
Defending Against Removal
Defending against removal involves determining one or more defenses listed below against the government’s attempts to deport your loved one.
Asylum
To qualify for asylum, your loved one must have a well-founded fear of returning to their home country because return risks exposing them to persecution based on their actual or perceived:
- Race,
- Religion,
- Nationality,
- Political opinion, or
- Membership in a particular social group.
You usually must request asylum within one year of arriving in the U.S., so it is crucial to speak with a lawyer promptly about asylum.
Cancellation of Removal
Cancellation of removal allows individuals who have lived in the U.S. for 7 to 10 years to remain if they can demonstrate that being deported would cause extraordinary hardship to a U.S. citizen or lawful permanent resident. The bar for hardship justifying cancellation is high and usually involves the U.S. national depending on the detainee exclusively or almost exclusively for support.
Adjustment of Status
Adjustment of status allows eligible individuals to apply for lawful permanent residency (e.g., a green card) while in immigration court proceedings. If your loved one qualifies for a green card, they may be able to adjust their status as a defense against removal.
Prosecutorial Discretion
Prosecutorial discretion allows ICE to drop removal proceedings, often based on humanitarian factors such as medical needs and community ties. To qualify, you usually must have few immigration violations and no criminal violations on your record.
Hire an Experienced Immigration Attorney
Time is critical in immigration detention cases. Hiring an experienced immigration lawyer can help protect your loved one and ensure they have every opportunity to defend themself. At the Law Office of Rosina C. Stambaugh, we will guide you through every step of the process. If ICE has detained your family member, contact the Law Office of Rosina C. Stambaugh as soon as possible. We will work tirelessly to reunite your family and explore every legal avenue available to prevent deportation. Call us today to schedule a consultation.
