Immigration Detention: What You Need To Know

Immigration Detention can be a stressful, even frightening experience for the noncitizen and the noncitizen’s families. In addition, the government often does not provide noncitizens, families, or even attorneys with much information. If you need to know what to do, these are some instructions (always subject to change) that may help.

If Your Friend or Family Member Is In Immigration Detention

The first thing you will want to do is check the ICE Detainee Locator: https://locator.ice.gov/odls/#/search.

You must be able to search based that person’s first and last name, their country of birth, and their date of birth. Once the name comes up, you can click on the name of the detention center to find out where the person is located. The detention centers website or information will appear, including a telephone number of where to call.

Be aware that Immigration and Customs Enforcement (“ICE”) can transfer the person at any time and for any reason to another detention facility. Also, a person taken into ICE custody usually will take 48 hours of processing before they appear in the locator database.

Immigration Detention Facilities Throughout the United States

Generally, every detention center has its own website. The website can be found by Googling the full name of the facility and clicking on the link that is associated with U.S. Immigration and Customs Enforcement.

An example is the Bluebonnet Detention Facility, located in Anson, Texas. On these websites, you will see the full address, tabs for the hours of visitation, how to add money to a noncitizen’s account, how to set up a Getting Out account in order to communicate with the detainee, and other case information.

Be aware that the actual detention facilities are generally run by the private GEO Group or CoreCivic companies. (ICE also contracts out with local jails, among others.). These private contractors hire the staff to schedule visits, answer telephones, and provide the services inside the facility. If you call one of these detention facilities, you will be talking to these contractor employees, not ICE or government employees. The employees generally do not have information regarding the noncitizen’s case and whether they will be released.

In the past, ICE officers had discretion to decide whether a person may be released from detention. That is still true per the law, however, in the current Trump administration, releasing individuals on parole through the decision of ICE officers is rare. Generally, detainees need to go through the courts. Whether an individual can ask for a Bond Hearing from an Immigration Judge is case specific and it is highly recommended to consult an immigration attorney for this.

From Detention To Immigration Court

The number of individuals held in immigration detention changes regularly, but is about 60,000 people. The ICE detention network has been expanding to include private prisons and local jails. The Trump administration plans to expand the immigration detention. The ICE website displays about 163 immigration detention facilities. The Vera Institute recently wrote about the current rapid expansion of immigration detention centers.

If you are able to visit a loved one in detention in-person, you will need to show your identification card. You likely will not be able to bring anything else into the detention center with you when you visit. The best way to communicate with your loved one is through the Getting Out app.

Finally, once the noncitizen has been processed, they may get a date to appear in immigration court. If they are detainees, they will not appear in an immigration court outside of the detention center. Either the detention center has a court inside or they will appear via Video in front of a Judge.

Immigration is highly complex and it is recommended that the noncitizen obtain an attorney. In court, a noncitizen has a right to an attorney at no expense to the government. Meaning, a noncitizen can tell the Immigration Judge they want an attorney. However, that person must obtain an attorney on their own while in detention. This can be stressful and confusing. Each detention facility provides a list of non-profit immigration attorneys in their area. This is where to start in finding an attorney. You can also Google attorneys in your area. Immigration courts are federal, so immigration attorneys can work throughout the United States.

To search for an attorney, make sure once you obtain the name of the person, you make sure they are licensed in a state. It is very important to do research on your attorney of choice, particularly making sure they are active and in good standing.