We understand that being detained or having a loved one detained by ICE makes for an incredibly difficult and uncertain time. This resource guide has been created to help you navigate the process, gather necessary documentation, and understand what to expect moving forward.
What Is ICE detention?
When an individual is detained by ICE, they are held in a detention facility pending further action by immigration authorities. The process can be lengthy and complex. In our jurisdiction, detainees are usually taken to the ICE office in Burlington, MA, before being transported to a detention center. The detention may be in Massachusetts or another state.
At times, ICE will also move individuals who are detained from jurisdiction to jurisdiction. This may lead to court appointments being cancelled as the individual is changed between jurisdictions. Although frequently the move is justified as a lack of bed space, it is often a way to push the detained person to give up the fight. It is important to be prepared for this and also understand that we don’t have control over that.
Understanding the Bond Process
A bond is the equivalent of a bail in criminal court. Our first and most urgent goal is to obtain bond for the detainee. If bond is granted, the individual can wait for their removal proceeding in freedom rather than in detention. This is critical, as it allows them to be with their family, continue their work, and actively participate in their defense.
However, not all cases result in a bond being granted. If the judge denies bond, the legal process shifts to defending the individual in removal proceedings while they remain detained. If bond is denied, not everything is lost. At this stage, we must assess the available defenses in removal court. Every case is different, however, and an individual analysis needs to be done for every case.
ICE Detainee Locator
Generally, it takes at least 48 hours from the moment the person was detained, sometimes longer, for your loved one to show up on the ICE electronic system. You can use the ICE Detainee Locator to check their status.
Make sure you have:
- The detainee’s full name
- Their date of birth
- Their country of origin
Remember: just because you can’t locate your family member, it does not mean they are not within the United States.
If they call, make sure you ask where they are located and what their A number is. That information allows us to get in touch with them faster.
Additional Resources:
Download “Navigating Ice Detention”
In this guide, you’ll find step-by-step instructions, a document checklist, and answers to frequently asked questions designed to empower you with the information you need. We are committed to standing by your side during this challenging period.
MIRA Coalition – Know Your Rights
In this page, the Massachusetts Immigrant & Refugee Advocacy (MIRA) Coalition lists resources for U.S. citizens, green card holders, students on a visa, and undocumented migrants to know their constitutional rights and advocate for themselves in emergencies. The resources are available in multiple languages, including Portuguese and Spanish.
Caregiver Authorization Form
The Caregiver Authorization Form is a tool to safeguard the care of your children in the case of an unforseen emergency, such as an arrest. With the form, you can authorize someone of trust to take over your children’s guard
About Massa Viana Law
For us, this is personal. Our team consists of attorneys and professionals who are deeply connected to the immigrant experience. We share in the struggles and victories of our clients, ensuring that no one faces the immigration system alone. With a decade of dedicated service, we have earned our reputation for delivering solutions to complex immigration issues.
Having a loved one detained becomes more challenging with each passing day. You need to mentally prepare for that.
But that’s why we are here—to guide you, stand by you, and fight for your loved one and get them back home.