Blog

• May 09, 2026
• Javier Morales
• Immigration Law

What to Do If You or a Loved One Is Detained by Immigration

Understanding your rights, your options, and the steps that matter most

Being detained by U.S. Immigration and Customs Enforcement is one of the most frightening experiences a person or family can face. It often happens without warning, and the people left behind are usually unsure of where their loved one is being held, what rights they have, or what steps to take next. The decisions made in the first hours and days after a detention can have a lasting impact on the outcome of the case.

At Javier Morales Law, we represent individuals in immigration detention and their families throughout the process, from locating a detained person and securing their release on bond to defending their case in Immigration Court. This post explains what happens after someone is detained, what rights they have, and the most important steps you should take immediately.

What Happens After an Immigration Arrest

When someone is taken into custody by ICE or CBP, they are processed and transferred to an immigration detention facility. This could be a dedicated ICE detention center, a county jail that contracts with ICE, or in some cases a federal facility. The detained individual will be assigned an Alien Registration Number, also known as an A Number, and in most cases will be served with a Notice to Appear, which is the charging document that initiates removal proceedings in Immigration Court.

During processing, ICE will make an initial determination about whether the individual is eligible for bond or whether they are subject to mandatory detention. This initial determination is not final, and in many cases it can be challenged before an immigration judge.

Step 1: Locate the Detained Person

If you do not know where your family member is being held, your first step is to locate them. ICE operates an Online Detainee Locator System at locator.ice.gov where you can search by the person's A Number or by their full legal name, date of birth, and country of birth. The system shows individuals currently in ICE custody or who have been in CBP custody for more than 48 hours. Children under 18 do not appear in the system.

If you cannot locate someone through the online tool, contact the nearest ICE Enforcement and Removal Operations field office or call the detained persons hotline at 1-866-347-2423. An immigration attorney can also help locate a detained individual and confirm the facility where they are being held.

Step 2: Contact an Immigration Attorney

Detained individuals have the right to be represented by an attorney, but the government will not provide one. You must find and retain your own counsel. This is critical because detained cases move quickly. Hearings are scheduled on an accelerated timeline, and the window to request bond, gather evidence, and prepare a defense is much shorter than in non detained cases.

An experienced attorney can assess whether your loved one is eligible for bond, identify any available forms of relief from removal, and begin building a defense immediately. Attorney Morales's background as a former prosecutor gives him the courtroom skills and litigation experience that are essential in these high pressure proceedings.

Step 3: Understand Bond Eligibility

One of the most urgent priorities after a detention is determining whether the individual can be released on bond. A bond hearing allows an immigration judge to evaluate whether the detained person is a flight risk or a danger to the community. If the judge determines that neither concern is present, they can set a bond amount that, once paid, allows the individual to be released while their case continues.

Not everyone is eligible for bond. Individuals subject to mandatory detention are not eligible, including those who are inadmissible or deportable due to specific criminal convictions, individuals classified as arriving aliens, individuals deemed a threat to national security, and individuals who already have a final order of removal. If ICE has determined that your loved one is subject to mandatory detention, an attorney can review that determination and challenge it if appropriate.

For those who are eligible, there is no set bond amount. The immigration judge has discretion to determine the appropriate amount based on the facts of the case, including the individual's ties to the community, immigration history, criminal record, and perceived flight risk. The minimum bond amount under the law is $1,500, but judges can and often do set bond significantly higher depending on the circumstances.

Step 4: Know How to Pay the Bond

If an immigration judge grants bond, you can post it online through ICE's CeBONDS system at cebonds.ice.gov. U.S. citizens, lawful permanent residents, law firms, and nonprofit organizations can use CeBONDS to post bond via bank transfer (Fedwire or ACH), Monday through Friday, 9:00 a.m. to 3:00 p.m. in the time zone where the individual is detained. You will need the detained person's full name and A Number.

Alternatively, you can post bond through a licensed immigration bail bonds company, which allows you to pay a percentage of the total bond amount rather than the full amount upfront. A cash bond posted through CeBONDS is fully refundable if the individual complies with all court appearances, while the fee paid to a bail bonds company is not. Before posting a bond, make sure you understand your obligations as the bond obligor, including the requirement that the detained individual attend all future hearings.

Step 5: Preserve Evidence and Prepare for Court

While your attorney works on securing release, begin gathering documents that may be relevant to your loved one's case. This includes immigration records such as passports, visas, I-94 records, work permits, and any prior USCIS notices or approvals. If the case involves a criminal matter, gather court records, dispositions, and sentencing documents. Evidence of ties to the community, such as employment records, tax returns, lease agreements, school enrollment for children, and letters from community members, can also be critical in both bond hearings.

Evidence of immediate family members with lawful immigration status in the United States, including U.S. citizen or permanent resident spouses, children, or parents, can strengthen both a bond request and an application for relief. You should also gather any hardship evidence that demonstrates the impact detention or removal would have on your family, including medical records, documentation of ongoing treatment or conditions requiring care, therapy records, and evidence of financial dependence.

In detained cases, the timeline for filing applications and preparing for hearings is compressed, so the sooner your attorney has the relevant documents, the stronger the case will be.

Know Your Rights in Detention

Detained individuals have rights, even while in ICE custody. These include the right to be represented by an attorney at no cost to the government, the right to contact family members and consular officials from their home country, the right to receive medical care, the right to be informed of the charges against them, and the right to a hearing before an immigration judge. If any of these rights are being violated, your attorney can intervene on your behalf.

It is also important that the detained individual does not sign any documents without first consulting with an attorney. ICE officers may present forms that appear routine but that can have serious consequences, including agreements to voluntarily depart the country or stipulations that waive the right to a hearing. Never sign anything you do not fully understand.

Time Is Critical

Immigration detention cases move faster than almost any other type of immigration proceeding. Bond hearings, master calendar hearings, and even merits hearings can be scheduled within days or weeks. Every day that passes without legal representation is a day lost in building your defense. If someone you care about has been detained, do not wait. Contact an immigration attorney immediately.

At Javier Morales Law, we understand the urgency these situations demand. Attorney Morales has the courtroom experience and the litigation skills to fight for your loved one's release and defend their right to remain in the United States. We serve clients in English and Spanish, from our office in Miami and across the country, including Puerto Rico.

Disclaimer: The information in this post is provided for general informational purposes only and does not constitute legal advice. Reading this content or contacting our office does not create an attorney-client relationship. Every immigration case is different, and outcomes depend on the specific facts and circumstances involved. For legal advice tailored to your situation, please schedule a consultation with our office.