What to Do If You Or a Loved One Are Detained by U.S. Immigration and Customs Enforcement (ICE)
As more reports emerge of ICE arresting and detaining lawful permanent residents and visa holders across the country, we understand the anxiety that many noncitizens in the United States are experiencing.
If immigration officials detain you or a loved one, it’s essential to know what to do. Here, our immigration attorney answers common questions about what you should know.
What Do We Do First?
First, you’ll ask your friend or family member for their A-Number (A#). This number is typically nine digits, and ICE will give it to them when arrested. If they have previously filed an immigration application, they likely will already have this number in their immigration documents.
To locate your loved one who ICE detained, you can search the ICE online detainee locator system by A-Number or biological information. Once you locate your loved one, you can contact the detention facility to schedule calls and visits, set up a phone account for them, and find information on sending your loved one money.
If your loved one is detained, collect any immigration applications, receipt notices, and criminal documents, including charging and sentencing documents, if applicable.
Who Doesn’t Have a Right to a Court Hearing?
You do not have a right to a court hearing and can be deported without seeing a judge if you:
- Have an outstanding removal order: A judge already ordered you to be removed because you missed court, lost your immigration case, or were ineligible for a hearing. Unless you file a successful motion to reopen your case, ICE can remove you with the previous order.
- Were previously deported: If you were previously deported, ICE can remove you without a court hearing. This also applies if you were deported in an expedited proceeding at the border. You can find outstanding removal orders or previous deportations on the immigration court portal.
- Have an aggravated felony conviction: If you do not have lawful status and you have been convicted of an offense that is considered an aggravated felony, you can be deported without a court hearing.
Who Has a Right to a Court Hearing?
Every other noncitizen, including lawful permanent residents and people living in the United States who are undocumented, has the right to a court hearing.
First, ICE will serve noncitizens with a Notice to Appear (NTA) to initiate formal removal proceedings. The hearing date on the NTA is usually incorrect, so the court will issue you a new hearing notice after it processes the NTA.
You will typically have multiple hearings during a removal case. It’s uncommon that you will be removed from the States at your first hearing.
Who Is Eligible to Be Released on Bond?
Your eligibility for a bond hearing depends on your immigration and criminal history. If you have an outstanding removal order, prior deportation, or an aggravated felony conviction, you are not eligible for bond.
If you don’t have any of the above, you may be eligible to request a bond hearing. Since you can only request one bond hearing, it’s a good idea to find an experienced immigration attorney to request a bond on your behalf. JAD Law is here to help.
Talk to the Immigration Lawyers at JAD Law
If immigration officials detain you or a loved one, you need an experienced immigration attorney at your side.
Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
