11 Sep How to help a family member or friend who’s been detained by ICE
U.S. Immigration and Customs Enforcement (ICE) officials picked up your family member or close friend, and now it feels like a chunk of your heart is missing. All you want to do is get them back by your side, safe and sound. But how do you do this?
First, know that navigating the ICE detention system is notoriously complicated, especially when you are trying to manage the intense emotional stress of the situation. So, after taking a deep, calming breath, call an experienced immigration lawyer. They can help you understand your options, advocate for your family member or friend’s safety, and ensure their constitutional rights are protected.
Now, if you would like more information on how you can help your loved one after they’ve been detained by ICE, keep reading.
How to Find Someone Detained by ICE
The first few hours after an arrest are often the most stressful because families may not know which facility is holding their relative. After all, ICE operates a network of detention centers across the country, and individuals are often moved between local jails and federal facilities. In order to find your family member or friend detained by ICE, follow these steps:
Search the ICE Detainee Locator System
One of the most helpful tools available is the ICE detainee locator system. This online resource allows families to search for individuals currently in ICE custody. To use the ICE detainee locator, families either need the detainee’s Alien Registration Number (A-Number) and country of birth or their full name, country of birth, and date of birth.
It is important to note that the system may take several hours (sometimes up to 24 hours)
to update after an initial arrest.
Call Your Local ERO Office
If the ICE detainee locator does not provide results, families can contact their local ICE Enforcement and Removal Operations (ERO) office (such as the Philadelphia ICE Field Office) for additional information. It is important to gather as much information as possible about the arrest, including the date, location, and any identifying details about the family member detained by ICE.
Call Local Jails & Prisons
There may also be a chance that your loved one is not in an ICE facility at all. If the field office tells you they do not have a record of your loved one, you can try calling local jails and prisons.
Important Steps Families Should Take After an ICE Detention
Once a loved one has been located, families should focus on taking practical and organized steps to support them. Acting quickly and carefully can make a meaningful difference in the outcome of an immigration case.
Contact an Immigration Attorney
One of the most important steps is contacting an immigration attorney as soon as possible. Immigration law is highly technical, and ICE detention cases can move quickly. An attorney can explain the detainee’s legal situation, determine whether they may qualify for relief from removal, and help prepare for hearings before an immigration judge. Sometimes relief, like habeas corpus petitions, should be filed within hours of a person being detained to be effective.
Identify Medical Needs
If your loved one has a chronic illness or requires daily medication, document this immediately and inform the detention facility’s medical unit.
Gather Essential Documents
Families should also gather important documents that may be relevant to the case. This may include:
- Immigration records
- Identification documents
- Birth certificates
- Marriage certificates
- Proof of residency
- Employment records
- Medical records
- Evidence of family ties in the United States
Keeping organized copies of these records can help an attorney build a stronger case.
Pay the Immigration Bond
In some cases, a detainee may qualify for an immigration bond. An immigration bond allows certain individuals to be released from detention while their immigration case is pending.
However, not everyone qualifies for bond, and eligibility depends on factors such as immigration history, criminal history, and whether the person is considered a flight risk or danger to the community.
Establish a Communication Plan
Families should maintain communication with their detained loved ones whenever possible. Detention can be emotionally isolating, and regular communication may provide comfort and support during a difficult time.
Find out the facility’s rules for phone calls and visitation. You may need to set up a prepaid account so the detainee can call you, as they cannot receive incoming calls.
What Rights Do ICE Detainees Have?
Individuals in ICE detention have fundamental rights under the U.S. Constitution and federal regulations. It is essential that your loved one knows these rights.
Individuals in ICE detention generally have the right to:
- Remain silent
- Speak with an attorney
- Request a hearing before an immigration judge in some cases
- Contact their consulate
- Receive medical care
- Be protected from abuse or mistreatment
Detainees also have the right to not sign documents. It is quite common for detainees to be pressured into signing voluntary departure agreements or other documents that could affect their ability to remain in the United States. However, they have the right to hire an attorney to review these documents before decisions are made.
How an Immigration Lawyer Can Help With ICE Detention Cases
ICE detention cases often involve strict deadlines, court appearances, and complicated legal procedures. An immigration lawyer can guide families through this process while protecting the detainee’s rights and interests.
One of the key ways an attorney can help is by evaluating the detainee’s eligibility for release through an immigration bond. If bond is available, the attorney can request a bond hearing and present evidence showing why the detainee should be released.
Beyond the bond hearing, a lawyer investigates potential forms of relief from removal. This might include asylum claims, T or U visas for victims of crimes, or cancellation of removal for long-term residents. A lawyer also ensures that ICE follows its own protocols and that the detainee is treated humanely.
Contact Henry & Grogan for Help With ICE Detention Matters
If your family member has been detained by ICE, you do not have to face this difficult situation alone. At Henry & Grogan, our team is dedicated to providing compassionate, aggressive, and personalized legal guidance to help you navigate the system and bring your loved one home.
Contact Henry & Grogan today to schedule a consultation and learn more about your legal options.