When an immigrant is in the United States, they need to be on their best behavior. Someone may be arrested by U.S. Immigration and Customs Enforcement (ICE) for a variety of reasons tied to immigration law violations.

Some examples include:

• Entering the United States without authorization.
• Breaking the terms of a visa.
• Falsifying information on immigration documents. 
• Missing immigration court hearings.
• Being arrested for a crime.
• Being considered a flight risk.

ICE arrests are typically about immigration status. These arrests can happen in different ways:

• At a person’s home or workplace.
• After being released from the local jail.
• During scheduled ICE check-ins.

What Happens Next?

After an arrest by ICE, the person is typically taken to a short-term detention facility. There, officers complete basic processing, including fingerprinting, interviews, and identity verification.

If the individual expresses fear of returning to their home country or indicates they want to apply for asylum, the Department of Homeland Security (DHS) must arrange an initial asylum screening. In most cases, the person is then transferred to ICE custody while their case moves forward. If the person does not express fear or request asylum, they are usually transferred to ICE for expedited removal. 

If ICE makes an arrest inside the United States without a warrant, the agency generally must decide within 48 hours whether to keep the person in custody and place them in deportation proceedings

In certain situations, ICE may claim that detention is mandatory, particularly if the person has specific criminal convictions. ICE generally refuses release for individuals who:

• Already have a final order of removal.
• Reentered the United States after being deported.
• Are subject to expedited or reinstated removal processes.

Challenging ICE Detention

Those who are detained or who cannot afford their bond have the right to ask an immigration judge to review their custody status. They can request release from detention or a reduction in bond.

A person does not need to already be in removal proceedings to request a custody hearing; they only need to be in immigration detention. Requests must be made to the immigration court that oversees the detention facility.

Individuals may also challenge specific release conditions. For example, they can ask a judge to remove requirements like wearing an ankle monitor.

Qualifying for Release

If a person is eligible for release, ICE evaluates whether they pose a flight risk or a public safety concern. Based on that assessment, ICE may allow release under several conditions:

• Release on recognizance. The person is released without paying money but must promise to attend all immigration hearings.
• Order of Supervision (OSUP). The person is released under strict conditions, which may include check-ins with ICE, travel limits, or electronic monitoring like a GPS ankle bracelet. 
• Immigration bond. ICE may require a monetary bond.
• Parole. The person may receive temporary permission to remain in the United States for a specific period, often combined with supervision requirements.

Removal Proceedings

Those not eligible for release must go through removal proceedings. These are hearings before an immigration judge within the Executive Office for Immigration Review. The purpose is to decide whether someone can remain in the U.S. or must be deported.

• Notice to Appear. The process begins when the government issues a Notice to Appear. This lists the allegations and states the legal basis for removal.
• Master calendar hearing. This is the first, shorter court hearing. This is when the judge explains the charges and rights. The arrested person confirms or denies the allegations. If relief from removal is possible, the case moves forward.
• Applying for relief. Many people can apply to stay in the United States despite being in proceedings. Common forms of relief include:
  • Asylum (fear of persecution).
  • Cancellation of removal.
  • Adjustment of status (green card eligibility).
  • Voluntary departure.
• Individual hearing. This is the main hearing where the person presents evidence and testimony. The government attorney argues for removal. After reviewing everything, the judge makes a decision.
• Judge’s decision. The immigration judge may:
  • Grant relief: The person can stay in the United States.
  • Order removal. The person must leave the country.
  • Allow voluntary departure. The person leaves without a formal removal order.

FAQs

Q: How long can someone be held in immigration detention?

A: There is no fixed timeline. Some individuals are detained for a few days or weeks, while others may remain in custody for months or longer, depending on their case and eligibility for release.

Q: What is an immigration bond?

A: An immigration bond is money paid to secure a person’s release from detention. If the individual attends all court hearings, the bond is typically refunded at the end of the case. If the bond is set too high, the individual can ask an immigration judge for a reduction or release.

Q: Can someone stay in the United States during removal proceedings?

A: In many cases, yes. If released from detention, individuals can remain in the U.S. while attending court hearings and pursuing legal relief.

Q: What happens if someone misses a court hearing?

A: Missing a hearing can result in an automatic removal order issued by the judge, which may lead to arrest and deportation.

Q: Can a removal order be appealed?

A: Yes. Decisions can be appealed to the Board of Immigration Appeals and federal courts.

Q: What is voluntary departure?

A: Voluntary departure allows a person to leave the United States on their own within a set time period to avoid penalties associated with a formal removal order.

Q: Are detainees entitled to a lawyer?

A: Yes, but not at government expense. Individuals can hire their own attorney, but the government does not provide one in immigration cases.

Contact Us Today

After an ICE arrest, many things can happen. You need to know how to protect yourself and your loved ones

Having an experienced and skilled attorney by your side is crucial. Texas immigration lawyer Oscar Mendoza can help you understand your legal rights after an ICE arrest. Get the justice you deserve. Schedule a consultation today by filling out the online form or calling (469) 444-8544.