Being detained by ICE or having a family member detained by ICE can be overwhelming but staying informed and prepared is crucial. This guide provides key resources to help you understand your rights, prepare for emergencies, and access legal and community support. Whether you’re dealing with law enforcement encounters, organizing crucial documents, or navigating the immigration detention system, these tools can help protect you and your loved ones.
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.
What happens when you are detained by ICE?
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.
Preparing for a Bond Request
Being proactive can make a significant difference in case of detention. Keep important documents in a safe place and ensure that your loved ones know where to find them. These include:
Identification and Immigration Record
- Your passport and a copy of any government-issued identification
- Visas, entry documents, or any related paperwork
- Documentation for any pending immigration application
- Docket sheets for any prior court appearances
Proof of Community and Family Ties
- Birth certificates for any and all U.S. citizen children
- Marriage certificate
- Letters of Support from family, friends, employers, religious leaders, or community members demonstrating your good moral character and ties to the community (as many as you can get, 10 or more being the recommended amount)
- Evidence of property and/or business ownership
Financial and Other Records
- All previously filed federal tax returns
- Evidence of any medical conditions you or an immediate relative may have
Know Your Rights
No matter your immigration status, you have rights and should know what they are:
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You have the right to remain silent. Do not provide false information, but you are not obligated to answer questions. Request to speak to your lawyer and say nothing else.
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Do not sign any documents without your attorney present. You have the right to understand any paperwork before agreeing to anything.
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Do not allow ICE agents to enter your home or workplace unless they present a signed warrant.
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Stay calm and avoid confrontation. If approached by law enforcement, ask, “Am I being arrested or detained?” If not, you are free to leave. If yes, follow the steps above and contact your lawyer.
Additional Resources
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, date of birth and 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.
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.
Mass Legal Help – Planning for a Family Emergency
All families should plan for who will care for your children in an emergency. This article can help you make a plan with special advice for immigrant families.
