Being arrested by U.S. Immigration and Customs Enforcement (ICE) can be frightening and confusing. For many people and their families, one of the first questions is: What happens after an ICE arrest?
An ICE arrest can lead to immigration detention, a bond determination, removal proceedings, and potentially an immigration court case. However, an ICE arrest does not necessarily mean that a person will immediately be deported. Depending on the circumstances, a detained immigrant may have options for seeking release from detention and defending against removal.
If you or a family member has been arrested by ICE in Ohio, it is important to understand what happens next and to speak with an experienced immigration attorney as soon as possible.
Robert W Legal, led by Ohio immigration attorney Robert Wisniewski, represents individuals facing serious immigration matters, including immigration detention and removal proceedings.
What Is an ICE Arrest?
U.S. Immigration and Customs Enforcement, commonly known as ICE, is an agency within the Department of Homeland Security (DHS) responsible for enforcing federal immigration laws within the United States.
An ICE arrest occurs when immigration authorities take a person into immigration custody. A person may be detained at a DHS facility or at a detention facility operated by another government agency or a private facility under contract with DHS.
An ICE arrest is different from an ordinary criminal arrest. Immigration detention is generally related to a person's immigration status or an alleged violation of federal immigration law.
The circumstances surrounding an arrest can vary significantly. For example, ICE may arrest someone who:
Has been placed in removal proceedings;
Has an outstanding removal order;
Is alleged to be removable from the United States;
Has certain criminal convictions or pending criminal matters;
Is alleged to have violated immigration laws;
Has previously been ordered removed; or
Comes to the attention of immigration authorities through another immigration or law-enforcement proceeding.
The specific reason for the arrest can have a major effect on what happens next.
What Happens Immediately After an ICE Arrest?
After an ICE arrest, the person will generally be taken into immigration custody.
The person may initially be held at an ICE processing facility or transferred to another detention facility. DHS may also transfer a detained person between facilities.
For family members, one of the first priorities should be determining:
Where the person is being detained;
Why the person was arrested;
Whether an immigration court case already exists;
Whether a Notice to Appear has been issued;
Whether ICE has set an immigration bond;
Whether the person may request a bond hearing; and
Whether the person has a possible defense or form of relief from removal.
These questions can be complicated, particularly when the person has a prior immigration case, criminal history, previous removal order, or pending application.
Where Will Someone Arrested by ICE Be Detained?
ICE detainees can be held in different types of facilities. DHS may use its own processing facilities as well as public or private detention facilities contracted by DHS.
In Ohio, immigration cases can involve different detention locations and immigration court facilities. The Cleveland Immigration Court, for example, is located at 801 W. Superior Avenue in Cleveland. EOIR also identifies several Ohio detention facilities associated with the Cleveland Immigration Court's administrative jurisdiction.
Because detained immigrants can be transferred, families should not assume that the person will remain at the facility where they were initially taken.
An immigration attorney can help determine where a detained person is located and what immigration proceedings may be pending.
What Is a Notice to Appear?
One of the most important documents in an immigration case is the Notice to Appear (Form I-862), commonly called an NTA.
An NTA is the charging document used to begin removal proceedings. It identifies the nature of the proceedings and the factual and legal allegations DHS is making against the person. Removal proceedings generally begin when DHS files the NTA with the immigration court after it has been served.
Receiving an NTA does not automatically mean that the person will be removed from the United States.
Instead, the immigration court process gives the person an opportunity to respond to the allegations and, where legally available, apply for relief from removal.
Potential forms of immigration relief can include matters such as:
Asylum;
Withholding of removal;
Protection under the Convention Against Torture;
Cancellation of removal;
Adjustment of status;
Certain waivers; and
Other forms of relief depending on the person's circumstances.
The availability of any particular form of relief depends on the individual's immigration history, criminal history, family relationships, time in the United States, country conditions, prior applications, and other facts. Immigration judges have authority to adjudicate various forms of relief from removal.
Can Someone Arrested by ICE Get Out of Detention?
Sometimes.
In certain circumstances, a detained immigrant may be eligible to request release on an immigration bond.
Initially, DHS may determine the bond amount. In appropriate cases, the detained person can ask an immigration judge to reconsider the custody determination through a bond hearing.
However, not every person detained by ICE is eligible for an immigration bond hearing before an immigration judge.
Federal regulations and immigration law contain exceptions that can limit an immigration judge's authority over custody decisions. Certain categories of detained individuals, including some people involved in particular criminal or immigration proceedings, may be subject to different rules.
This is one reason why a prompt review of the person's immigration and criminal history can be extremely important.
What Happens at an ICE Bond Hearing?
An immigration bond hearing is separate from the underlying removal case.
At a bond hearing, the immigration judge generally considers whether the person is eligible for release and, if eligible, whether release would present a danger to people or property, whether the person is likely to appear for future immigration proceedings, and whether there are national-security concerns.
Evidence presented at a bond hearing can be important.
Depending on the circumstances, an attorney may present evidence concerning issues such as:
Family ties in the United States;
Length of residence in the United States;
Employment history;
Community ties;
Criminal history;
Immigration history;
Prior court appearances;
Residence and stability;
Family responsibilities;
Support from family or community members; and
Other facts relevant to custody.
A bond hearing is not the same thing as the removal case. The immigration court specifically explains that bond proceedings are separate from removal proceedings. Evidence submitted in a bond proceeding generally needs to be separately submitted for consideration in the underlying removal case.
What If ICE Has Not Set a Bond?
A person detained by ICE may still have options depending on the circumstances.
An immigration judge may have authority to conduct a bond redetermination in certain cases. A request for a bond hearing can generally be made in writing and, in appropriate circumstances, orally. There is no filing fee for requesting a bond hearing.
Importantly, a person should not assume that no bond has been set means there is nothing an immigration attorney can do.
The attorney should first determine why the person is detained and whether the immigration court has jurisdiction to review the custody decision.
What Happens If the Judge Grants Bond?
If an immigration judge grants bond, the person may be released after the required bond is paid and the applicable release procedures are completed.
Release from immigration detention does not necessarily end the immigration case.
The individual may still be required to attend immigration court hearings and continue defending against removal.
In other words, there are often two separate issues:
1. Getting out of immigration detention; and
2. Winning or resolving the underlying immigration case.
A person can be released from detention and still have an active removal case.
What Happens If the Judge Denies Bond?
If an immigration judge denies bond or determines that the person is not eligible for release, the person may remain detained.
Depending on the circumstances, there may be procedures for seeking review or appealing a custody decision. EOIR provides procedures for appeals of immigration judge bond decisions to the Board of Immigration Appeals (BIA).
A subsequent request to change a bond decision may also be possible in certain circumstances when there has been a material change in circumstances.
Because the rules can be highly fact-specific, a detained immigrant should have an attorney evaluate the custody situation rather than assuming that a bond denial ends all possibilities for release.
What Happens to the Immigration Court Case?
If the person is placed in removal proceedings, the immigration court will address whether the person is removable and whether the person qualifies for any available relief.
The first appearance in a typical removal case is called a master calendar hearing. At this hearing, the immigration judge may address the allegations in the Notice to Appear and other preliminary matters.
If the person applies for relief from removal, the immigration court may schedule an individual calendar hearing, where the case can be considered more fully.
The outcome of the immigration case can depend on evidence, testimony, legal arguments, eligibility requirements, and the person's individual immigration history.
What If the Person Has a Criminal Record?
A criminal record can significantly affect an immigration case.
Certain criminal convictions can have consequences for:
Removability;
Eligibility for immigration relief;
Immigration detention;
Bond eligibility;
Waivers;
Adjustment of status;
Asylum and other forms of protection; and
The overall immigration strategy.
Even a case that appears minor under state criminal law can potentially create serious immigration consequences.
For this reason, someone arrested by ICE who has a criminal record should have the criminal and immigration histories reviewed together.
What If the Person Has an Existing Removal Order?
An ICE arrest can also involve someone who already has a final order of removal.
The legal options in that situation can be very different from those available to someone who is just beginning removal proceedings.
Depending on the facts, an attorney may need to investigate the history of the prior immigration case, including:
How the person was served;
Whether the person appeared in immigration court;
Whether the person received proper notice;
Whether an order was entered in the person's absence;
Whether an appeal was filed;
Whether the person previously applied for relief;
Whether circumstances have changed; and
Whether there is a legal basis for reopening the case.
A prior removal order can make an ICE arrest particularly urgent because the person may face enforcement of an existing order.
Can an Immigration Lawyer Help Someone Who Is Already Detained?
Yes. An immigration attorney can potentially assist with several aspects of a detained person's case.
Depending on the circumstances, an attorney may:
Investigate the reason for the ICE arrest;
Review the person's immigration history;
Determine whether a bond hearing may be available;
Prepare a request for bond;
Represent the person at a bond hearing;
Gather evidence supporting release;
Review the Notice to Appear;
Analyze potential defenses to removal;
Identify potential forms of immigration relief;
Prepare applications and supporting evidence;
Represent the person in immigration court; and
Evaluate potential appeals or motions when appropriate.
The specific services needed will depend on the person's situation.
What Should a Family Do After an ICE Arrest?
When a loved one is arrested by ICE, family members should try to gather as much information as possible.
Important information may include:
The person's full legal name;
Date of birth;
Country of citizenship;
A-number (if known);
Current detention location;
Immigration documents;
Prior immigration court documents;
Green card or other immigration documents;
Criminal court records;
Information about pending criminal cases;
Prior removal orders;
Previous immigration applications;
Information about the person's spouse and children; and
Contact information for potential witnesses or people who can provide supporting evidence.
Family members should also preserve copies of important documents rather than relying solely on originals.
An immigration attorney can use this information to begin evaluating the case.
Do Not Ignore Immigration Court Hearings
If an individual is released from detention, it is critical to keep track of immigration court dates and comply with court requirements.
EOIR warns that failing to appear for an immigration court hearing can result in an order of removal being entered in the person's absence.
Individuals should also make sure the immigration court has their current address and contact information. EOIR provides a process for updating contact information with the immigration court.
Court documents and hearing notices are particularly important. EOIR states that official court documents are the authoritative source for case status and hearing information.
How Long Will Someone Stay in ICE Detention?
There is no single answer to how long an individual will remain in immigration detention.
The length of detention can depend on issues such as:
Whether the person is eligible for bond;
Whether a bond hearing is available;
Whether bond is granted;
Whether bond is paid;
The status of the removal proceedings;
Whether the person has a prior removal order;
Whether the person is pursuing relief from removal;
Whether an appeal is filed;
Whether DHS is attempting to execute a removal order; and
Other individual circumstances.
Detention can therefore last very different amounts of time in different cases.
If a person has already received a final order of removal, additional rules concerning post-order detention can apply.
What Should You Do If a Family Member Is Arrested by ICE in Ohio?
An ICE arrest can require immediate attention.
If your family member has been detained in Ohio, consider contacting an immigration attorney promptly. The sooner an attorney can review the person's immigration and criminal history, the sooner the attorney can determine what legal options may be available.
Robert Wisniewski of Robert W Legal represents clients facing immigration detention, removal proceedings, asylum matters, and other immigration issues in Ohio.
If you or a family member has been arrested by ICE, contact Robert W Legal to discuss your situation and determine what steps may be available.
Frequently Asked Questions About ICE Arrests
Does an ICE arrest mean I will be deported?
No. An ICE arrest and immigration detention do not automatically mean that the person will ultimately be removed from the United States. A detained person may have defenses or may qualify for relief from removal, depending on the circumstances.
Can I get a bond after an ICE arrest?
Possibly. Certain detained immigrants may be eligible for an immigration bond or a bond redetermination hearing. However, eligibility depends on the person's circumstances, and immigration judges do not have bond jurisdiction in every case.
Is an ICE bond hearing the same as an immigration court hearing?
No. A bond proceeding is separate from the underlying removal proceeding.
Can an immigration lawyer help if someone is already in ICE detention?
Yes. An immigration attorney can evaluate the person's detention, determine whether a bond hearing may be available, and investigate potential defenses or relief from removal.
What if my family member has a criminal conviction?
A criminal conviction can have significant immigration consequences. The exact offense, sentence, date, and circumstances can all matter. An attorney should review the criminal record together with the person's immigration history.
What if ICE arrested someone who already has a removal order?
A prior removal order can substantially change the legal situation. An attorney should review the prior immigration proceedings and determine whether any legal options may be available.
Contact an Ohio Immigration Attorney After an ICE Arrest
An ICE arrest can create an urgent immigration problem, but an arrest is not necessarily the end of the case. Depending on the circumstances, a detained immigrant may have options for seeking release from detention and defending against removal.
If you or a loved one has been arrested by ICE in Ohio, obtaining legal advice promptly can help you understand the detention process, potential bond options, and possible defenses to removal.
Robert Wisniewski and Robert W Legal represent individuals facing immigration detention and removal proceedings in Ohio.
Contact Robert W Legal to discuss your immigration detention case and learn what legal options may be available.
This article is for general informational purposes only and does not constitute legal advice. Every criminal case is different, and the law may change. If you are facing criminal charges or an investigation, consult an attorney about the specific facts of your situation.
