If Detained
If you or a loved one is detained by immigration authorities, here's what you need to know.
Immediately After Detention
Stay Calm
Resistance can lead to additional charges. Stay calm even though it's frightening.
Exercise Your Rights
Say clearly:
"I am exercising my right to remain silent. I want to speak with an attorney."
Repeat this if asked questions.
Do Not Sign Anything
You may be pressured to sign documents. Do not sign anything you don't understand or without consulting an attorney.
VOLUNTARY DEPARTURE
You may be asked to sign a "voluntary departure" order. This gives up your right to see a judge. Do NOT sign without consulting an attorney.
Request a Phone Call
You have the right to make phone calls. Use them wisely:
- Call your immigration attorney (or your cell's legal contact)
- Call your family emergency contact
- If possible, let your cell know through a trusted intermediary
Finding a Detained Person
If someone is detained and you don't know where:
Online Detainee Locator
ICE maintains an online locator: https://locator.ice.gov
You'll need:
- Full legal name
- Country of birth
- Date of birth
Call the Detention Facility
If you know the facility, call directly. Be persistent.
Contact an Immigration Attorney
An attorney can file paperwork to locate someone and get access.
Rights While Detained
Even while detained, you have rights:
| Right | Details |
|---|---|
| Remain silent | You can refuse to answer questions |
| Attorney | You can consult with a lawyer |
| Medical care | You should receive necessary medical treatment |
| Phone calls | You can make calls (may be at your expense) |
| Bond hearing | You may be eligible for release on bond |
| See a judge | In most cases, you have the right to see an immigration judge |
Bond and Release
Bond Hearing
Many detained people are eligible for a bond hearing. A judge decides whether you can be released and at what amount.
Factors that help:
- Community ties (family, job, home)
- No serious criminal history
- Not considered a flight risk
Paying Bond
If bond is granted:
- Bond can be paid by family or friends
- Immigration bond companies exist (research carefully)
- Your cell's Resource segment may be able to help
Deportation Proceedings
If detained, you will likely be in removal (deportation) proceedings. You have the right to:
- See an immigration judge
- Present evidence in your defense
- Appeal a deportation order
- Have an attorney (but not provided free by the government)
Fighting Your Case
Many people have defenses to deportation:
- Asylum or fear of persecution
- Cancellation of removal
- Family-based relief
- U-visa (for crime victims)
- Other forms of relief
Get an attorney. Immigration law is complex.
For Family Members
If your loved one is detained:
- Stay calm — panicking doesn't help
- Find an immigration attorney immediately
- Gather documents: birth certificates, marriage certificates, tax records, proof of residence
- Care for children: Activate your family safety plan
- Contact your cell: They can provide support and resources
- Document everything: When they were taken, by whom, from where
Children
If a parent is detained:
- Children should go to the designated trusted adult
- Schools should have emergency contact information
- Keep copies of birth certificates accessible
- Consider a notarized caregiver authorization
Support Your Cell Provides
Depending on your cell's capacity:
- Legal Observers: Connect you with attorneys, accompany to hearings
- Resource Network: Help with legal fees, family support
- Transporters: Get family to visitation, court dates
- Emotional support: You are not alone