ICE Detention in the U.S.

The detention process refers to the steps taken by U.S. Immigration and Customs Enforcement (ICE) when detaining individuals suspected of violating immigration laws. If you’re detained by ICE, you may be taken into custody and held in a detention facility while your immigration case moves forward—whether you’re facing removal proceedings, seeking relief, or awaiting a court decision. Understanding this process is crucial to knowing your rights and options.

ICE detentions are receiving extra media attention due to the uptick in ICE activity nationwide. The increased presence of ICE in communities means it is vital to understand how ICE implements its detention process and what this means for immigrants in the United States.

Our experienced immigration attorneys are here to help those facing the detention process.

Who Can Be Detained by ICE?

ICE has the authority to detain anyone suspected of violating immigration law. There are several categories of immigration law violations, including the following:

• Immigrants with criminal convictions. ICE prioritizes detaining individuals with criminal convictions. Any type of criminal conviction can be used to detain the individual, but those with serious offenses are the primary focus.
• Undocumented immigrants. People who are not legally authorized to be in the U.S. because they entered the country without inspection or overstayed a visa can be detained.
• People with final deportation orders. These are individuals who have been ordered by an immigration court to leave the country but have not done so.
• People with pending immigration cases. These are immigrants in the U.S. with pending asylum applications, deportation hearings, or other immigration cases.

In general, ICE focuses on detaining individuals who pose a threat to public safety or who have repeatedly violated immigration law.

Rights of Detained Immigrants

Detained immigrants do have certain rights under U.S. immigration law. These include the right to:

• Remain silent. You have the right not to answer any questions ICE poses and can just say, “I wish to remain silent.”
• A lawyer. You have the right to an attorney, but ICE does not have to provide one. We recommend memorizing and carrying the contact information of an experienced immigration lawyer. Sharing your attorney’s information with loved ones is advisable so they can reach out for legal assistance on your behalf if needed.
• Refuse consent to searches. You have the right to refuse consent to a search of yourself, your home, or your car. ICE only has the right to search you if they have probable cause.
• An interpreter. You have the right to request an interpreter if you do not understand verbal or written English.
• A copy of your immigration papers. You have the right to a copy of your immigration papers.
• Contact your consulate. You have the right to contact the consulate of your home country or have an officer contact your consulate about your detention.

ICE Hold and Release Process

ICE Hold

An ICE hold is used when an individual is apprehended by local or state law enforcement and put into the federal deportation system. ICE will request that the individual be kept in custody for 48 hours after the release date.

The hold allows ICE to decide whether or not to take the individual into federal custody for removal purposes. The hold process is executed without due process.

Release Process

After an ICE hold, the detainee can be released if an immigration judge determines the individual is not a flight risk or danger to society. The release process can be done through a bond, parole, or the individual’s recognizance.

• Immigration bond. The individual is released by posting a financial bond to ensure their court appearance.
• Immigration parole. Parole offers permission to reside in the U.S. for a specific period that meets certain conditions.
• Released on recognizance. An individual may be released on their own recognizance if a judge determines they are not a flight risk or a danger to society.

Immigration Detention Centers

ICE manages immigration detention centers, where detained individuals are held while awaiting deportation or court proceedings. ICE detention centers include dedicated facilities, local and state jails, and family detention centers for women and children. Private prison corporations run some facilities.

The conditions of detention centers vary, but there are some common similarities. Detainees are in small cells with basic amenities, there is often limited access to healthcare, food can be inadequate, and they are usually overcrowded.  Unfortunately, access to legal services is frequently limited, so it is vital to contact an immigration lawyer as soon as possible.

Why Are People Being Held for So Long?

Several factors contribute to the lengthy detentions. These factors include a large backlog of cases, complex legal processes, and the need for cooperation from other countries for deportation.

• Large backlog. The significant backlog of detention cases means millions await their turn in immigration court. Further, there are not enough immigration judges, asylum officers, and resources to handle the caseload.
• Complex legal processes. Immigration detention involves complex and lengthy legal processes, including hearings, appeals, and legal challenges.
• Cooperation from other countries. Deportation requires cooperation from the country where the individual is deported. The process includes obtaining travel documents, verifying nationality, and coordinating flights. The time is prolonged when a country is uncooperative and refuses or delays removals.

High-Profile Immigration Detention Cases

The media has recently covered several high-profile immigration detention cases involving university students that don’t fit the traditional reasons for detention. Understandably, these stories are causing alarm in the U.S. and globally.

• Columbia University student and green card holder Mahmoud Khali was detained for his involvement in pro-Palestinian protests.
• Tufts University student Rümeysa Öztürk, here on a student visa, was detained for co-authoring an op-ed criticizing the university’s response to the pro-Palestinian movement.
• University of Florida student and student visa holder Felipe Zapata Velázquez was arrested for a minor traffic violation and quickly deported.

These cases highlight that the landscape of detention and deportation is changing under the new administration as more people are being targeted. Detention and deportation are a significant focus of this administration, so it is crucial to stay informed.

How Our Immigration Lawyers Can Help

Our experienced attorneys are here to help those who have been detained by ICE. We can assess your case, offer legal options and advice, represent you in court, and help appeal your case. In addition, we will help you maintain your rights while in a detention center.

Our knowledge of the immigration legal system means we will help you navigate the complex detention landscape and offer you a better chance for the best possible outcome. Contact us for a free consultation if you have concerns about being detained by ICE or if you have a loved one who needs assistance.