You or your loved one gets arrested by Immigration and Customs Enforcement officers. Fear hits immediately. Where are they taking you? What happens next? Can you get out?
Detention is frightening, but knowing your steps and rights can significantly impact your outcome.
This ICE detention guide walks you through what to expect, how the process works, and practical tips to act quickly when every hour matters.
What Happens in ICE Detention?
ICE holds people in dedicated immigration facilities, county jails, or private detention centers. As of July 2025, ICE detained 56,945 people nationwide. That number jumped to 50% from December 2024, when only 39,000 people were in custody.
The ICE detention process follows a specific set of steps. First comes intake, where officers take your fingerprints, photograph you, and collect your basic information. They then assign you an alien number, known as an A-number, which is used to track your entire case.
Next is classification, where ICE decides whether you’re subject to mandatory detention or eligible for release. They review your criminal history, assess your potential flight risk, and consider any national security concerns.
Bond determinations happen after classification. An immigration judge or ICE officer sets a bond amount if you qualify, and not everyone is eligible for bond. Certain criminal convictions trigger mandatory detention with no bond option.
Detention reviews occur periodically. Judges reassess whether continued detention is necessary. These reviews matter because detention can last months or years while your case proceeds.
Removal proceedings start while you’re detained. An immigration judge hears your case, while you present defenses against deportation. The judge decides whether to order removal or grant relief.
Detention isn’t punishment. It’s civil confinement to ensure appearance at hearings and eventual removal if ordered.
Your Rights While in Detention
You have the right to an attorney, but the government won’t pay for one. You must hire your own lawyer or find free legal help from nonprofit organizations.
You can make phone calls, and most facilities provide a limited number of free ones. You can purchase additional phone time from commissary accounts with your family funds.
Religious practice is protected. Facilities must accommodate your faith within reasonable security limits.
Medical care must be available. You can request a sick call every day. Emergency care must be accessible 24 hours.
Protection from abuse is guaranteed. You can report mistreatment to facility staff, ICE officials, or outside advocacy organizations.
Limitations exist such as being unable to vote and hold a job. You have no guaranteed right to release, even if you pose no danger or flight risk.
Bond, Release, and Case Navigation
Bond hearings determine whether you can leave detention while your case proceeds. You request a bond hearing through your attorney or by filing Form EOIR-28 yourself.
Immigration judges consider several factors. Your ties to the U.S. matter most. Your family in the U.S., your employment history, property ownership, and community connections all strengthen bond requests.
Flight risk assessment looks at whether you’ll appear for future hearings. Past immigration violations hurt, while having a stable residential history helps.
Danger to the community affects bond too. Criminal convictions, especially violent ones, make releases unlikely.
Alternatives to bond exist. Humanitarian parole allows for the release of individuals with urgent medical needs, family emergencies, or other compelling reasons. However, the requirements are strict.
Release doesn’t end your case. You must attend all hearings. Failure to appear results in automatic deportation orders. Your case continues through immigration court, whether you’re detained or released.
What You Should Do Immediately
Write down your facility name and location, and note your A-number. Your family needs this to find you and send money for phone calls.
Contact a lawyer or nonprofit legal aid organization. Many groups offer free consultations to detained immigrants. The arrested person can call these organizations directly if the facility allows.
Preserve phone records and facts. Write down dates, times, locations, and events surrounding your arrest. Memory fades, but written records don’t.
Prepare case documents. Gather copies of your visa, passport, work permits, family birth certificates, marriage certificates, tax returns, and employment records. These prove eligibility for relief from deportation.
Act fast as immigration cases move quickly. Delays hurt your chances. You can use every opportunity to build your defense.
Recent Developments in 2025
ICE detention numbers surged in 2025. The population reached 56,945 in July 2025, up from 39,000 in December 2024. That’s a 50% increase in seven months.
Budget allocations expanded dramatically. Congress approved $191 billion for the Department of Homeland Security in July 2025 to support immigration enforcement and expand detention capacity.
Non-criminal detention increased. As of September 2025, 72% of people in ICE detention have no criminal convictions. This represents a major shift toward detaining anyone without status, not just those with criminal records.
New detention standards have taken effect. The 2025 National Detention Standards replaced gender references with sex classifications, as per an executive order. Standards also updated language access requirements and staff training protocols.
Facility capacity is strained. Many facilities operate at or above contractual capacity. ICE expanded detention to hotels and military bases to handle overflow.
Deaths in custody continue. Twelve people died in ICE detention between October 2024 and September 2025. Medical negligence and inadequate care remain serious concerns.
These changes affect you directly if you’re detained or representing someone in detention.
Getting Prepared Before It’s Too Late
Detention can last days or years. Preparation makes the difference between release and deportation.
Know your rights before ICE knocks. Have an attorney’s number ready. Keep important documents accessible to family members. Don’t wait until you’re sitting in a detention center to start thinking about your immigration case.
If you need personalized help or have further questions, visit ImmigrationQuestion.com. You can ask your questions free and have experienced immigration attorneys answer your questions.
Frequently Asked Questions
Can ICE detain me indefinitely without a hearing?
No. ICE must bring you before an immigration judge for a hearing. The Supreme Court ruled that prolonged detention without hearings violates due process. You’re entitled to periodic bond reviews, though timing varies by circuit.
How soon should I contact an attorney after detention?
Immediately. The first 48 hours are critical. Attorneys can request bond hearings, file stay of removal motions, and begin building your defense. Don’t wait for days or weeks. Contact legal help the moment you can.
What happens if I miss my immigration court date while detained?
If you’re physically detained, you can’t miss hearings because guards transport you. If you’re released on bond and miss a hearing, the judge issues an automatic removal order. You lose your case without presenting any defense.
Can I appeal an ICE denial of bond?
Yes. You can appeal bond denials to the Board of Immigration Appeals within 30 days. BIA reviews are based on written briefs. Most appeals take months, and you remain detained during the appeal unless you win.
What documents should my family gather during detention?
Birth certificates, marriage certificates, children’s birth certificates, passports, visas, work permits, tax returns, pay stubs, property deeds, lease agreements, medical records, school records, and letters from employers or community members supporting your character.
