What happens after ICE detains someone
In the first days, ICE processes them, decides whether to keep holding them, and usually moves them to a detention center, sometimes in another state. Within a few weeks most people have a first immigration court date, and that is when bond can be asked for if it was not already. Then the case runs, for weeks or months, while they are inside or after release. The decisions that matter most come early.
This is information, not legal advice.
This guide explains the general rules. What they mean for your family member depends on their circumstances. Answer a few questions to check their situation.
Days 1 to 3: processing and the custody decision
- Processing. Fingerprints, photos, a records check, and questions about identity, entry and family. ICE writes this up on a form called an I-213. What the person says here can be used later, and they can decline to answer.
- Which track. ICE decides how to process them. Most people get a Notice to Appear, which starts a case in immigration court. Some are put in expedited removal, or have an old removal order reinstated, which can mean removal without seeing a judge.
- Custody decision. ICE decides whether to hold them and on what terms, recorded on Form I-286: no bond, a bond amount, or release. The form has a box for asking an immigration judge to review it. After an arrest without a warrant, the decision is due within 48 hours, except in an emergency.
- Papers to sign. People are sometimes offered voluntary return or a stipulated removal order. Signing can give up the right to see a judge. They do not have to sign anything they do not understand.
The family’s job in these days is in the first 24 hours: find them, get the A-number, and get photos of every paper.
Days 2 to 14: transfer to a detention center
Most people are moved from a field office or local jail to an ICE detention center, often within days and often to another state. They appear in the ICE detainee locator once they are booked in, sometimes after a lag. Each facility sets its own rules on phones, visits, mail and money. See how to send money to someone in ICE detention.
The state matters. A bond request goes to the immigration court for the place of detention, and that court follows its own federal circuit. The circuits disagree about whether people who entered without inspection can get bond at all. See did ICE end bond hearings?
Weeks 1 to 6: first court date and bond
- The case is filed. ICE files the Notice to Appear with the immigration court. The case shows up on EOIR’s case information system by A-number, or at 1-800-898-7180.
- Bond can be asked for at any time, even before the case is filed. The detained person checks the box on the I-286, asks at their first hearing, or writes to the court. See what is a bond hearing?
- The first hearing, called a master calendar hearing, is short. The judge explains the charges, asks whether the person has a lawyer, and sets deadlines for any application to stay, such as asylum.
Weeks to months: the case itself
If the person fights their case, the judge holds an individual hearing, the trial, where they present their claim with evidence and witnesses. On the detained docket this often comes within a few months. The judge then grants relief, orders removal, or allows voluntary departure. Either side can appeal to the Board of Immigration Appeals within 30 days.
- If released on bond or conditions, the case continues at a court near home after a change of venue, and moves much more slowly.
- If they stay detained, the length of detention becomes its own issue. See how long can ICE hold someone?
- If no bond is possible, a federal habeas petition can win release or a bond hearing.
After a final order
ICE has 90 days to carry out a final removal order and must detain the person during that time. If removal stalls, often because the home country will not issue travel documents, detention past six months has to be justified. If it cannot be, the person is released on an order of supervision with check-ins.
Questions people also ask
What happens in an ICE detention center?
People are held in housing units, often dormitories, with set times for meals, counts and recreation. They can buy food and supplies from a commissary with money family deposits, make paid phone calls, and have visits under each facility’s rules. Legal calls and legal mail are treated separately.
How soon does someone see an immigration judge after an ICE arrest?
On the detained docket the first hearing often comes within a few weeks of the case being filed with the court. A bond hearing can be requested before that, even before ICE files the case.
Can someone be deported without seeing a judge?
Yes, in some situations: expedited removal, a reinstated prior removal order, or signing a stipulated order or voluntary return. That is why nobody should sign papers they do not understand.
Will they be moved to another state?
Often. ICE transfers people between facilities, usually with little notice. A transfer can change which court hears the case and which circuit’s law applies to bond.
See which ways out are open for them
Check your family member’s situation to see which release options may apply, what to do next, and which documents to gather.