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:

1. Call your immigration attorney (or your cell’s legal contact)
2. Call your family emergency contact
3. 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:

1. Stay calm — panicking doesn’t help
2. Find an immigration attorney immediately
3. Gather documents: birth certificates, marriage certificates, tax records, proof of residence
4. Care for children: Activate your family safety plan
5. Contact your cell: They can provide support and resources
6. 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

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