It is important for non-citizens to understand some basics about who Immigration and Customs Enforcement (ICE) may arrest and detain, what happens if you are detained, and what rights you have.
Who can ICE arrest/detain?
Federal immigration law permits the arrest/detention of most non-citizens, including those seeking asylum, those with arrest histories, and even certain long-term permanent residents. Historically, ICE has made priorities on who they want to detain and this may change with a new Presidential Administration.
How would ICE find me?
ICE uses a variety of tactics to arrest/detain individuals such as:
- You enter the United States at the US/Mexico border or US/Canada border and are questioned by Customs and Border Protection officers about your immigration status and ability to enter the United States.
- You return to the United States at an airport after traveling abroad (including as a lawful permanent resident) and Customs and Border Protection officers have questions about your immigration status.
- You have a scheduled check-in appointment with ICE officials, whether you are in Immigration Court proceedings or not, and ICE considers you a detention priority.*
- You have an Immigration Court hearing, and ICE considers you a detention priority.*
- You have a criminal history that ICE learns of, whether or not you are still incarcerated by local law enforcement.
- ICE conducts a workplace raid or other enforcement activity, whether or not you were the intended target.
*Note: It is important to comply with any scheduled check-in appointments and hearings with federal immigration officials. We recommend speaking with immigration counsel to discuss specific concerns you may have regarding your situation.
Will I be immediately deported if I am detained by ICE?
If you are not already in Immigration Court, removal proceedings would generally have to be started and you would then have the opportunity to speak with an Immigration Judge and apply for immigration relief.
If you are already in Immigration Court, your case will be transferred to whatever venue has jurisdiction over where you will be detained by ICE.
If you already have a final Immigration Court removal order and you fear returning to your home country, you may be able to seek humanitarian protection to remain in the United States by applying for withholding of removal or relief under the United Nations Convention Against Torture. But you must make sure to tell the ICE officer that you have a fear of returning to your home country.
Where will I be detained by ICE?
As a federal agency, ICE can detain non-citizens anywhere in the United States. ICE is not required to detain someone close to where they live, where they initially were detained, or where their family, loved ones, or attorney might live.
Currently, ICE detains most New Yorkers in either Orange County Correctional Facility (a/k/a Orange County Jail) in the Hudson Valley, or at the Moshannon Valley Processing Center in western Pennsylvania.
ICE sometimes detains non-citizens in local jails, such as the Orange County Jail. Non-citizens there are detained in a separate wing from others who are incarcerated there.
ICE has its own detention facilities as well, such as the Moshannon Valley Processing Center, and those are usually operated by private security companies.
How can my loved ones find me if I am detained by ICE?
You can use this online tool to find out where a non-citizen is being detained. You can search with first name, last name, and country of birth, or instead with their alien registration number and country of birth. Please note that it can take a day or two after an ICE detention before this ICE locator system is updated.
How can my family and loved ones contact me in ICE detention?
You can find more details about a specific ICE facility, including about visiting rules and how to send letters to a detainee, here.
Can I get released from detention?
This is very dependent on your immigration or arrest history. Some people may not be eligible to be released during their Immigration Court case. But some people are.
If you are eligible for release, this may involve paying an immigration bond to the court. The minimum immigration bond is $1,500 but it is often a lot more than this. If you need help with paying an immigration bond, you can search here for resources to help.
Do I have the right to an attorney in ICE detention?
While federal immigration law allows a non-citizen to have an attorney, there is no right to have an attorney appointed to you. Unlike in the criminal courts, there is no equivalent of a public defender system in the immigration courts.
The New York Immigrant Family Unity Project (NYIFUP) provides free, legal immigration
representation to New Yorkers in ICE custody and in immigration court proceedings in New York Cityarea immigration courts. There are three providers for NYIFUP: The Legal Aid Society, The Bronx Defenders, and Brooklyn Defender Services. Together, these three NYIFUP providers share responsibilities to provide this immigration representation.
What kind of immigration legal services help can I receive if I am detained and am a New York City resident?
The Legal Aid Society or the other NYIFUP providers may be able to assist individuals detained by ICE in these circumstances:
They are detained by ICE at Orange County Jail (NY) AND in immigration court proceedings at Varick Street in Manhattan or any other immigration court in NYC.
OR
They are detained by ICE and in immigration court proceedings in Elizabeth or Newark, New Jersey (may be detained at the Moshannon Valley Processing Center) AND were residing in New York City (one of 5 boroughs) prior to ICE detention.
Disclaimer
The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel
Last Updated: 6 February
