When ICE lodges a detainer (Form I-247A), local law enforcement may hold the detained person for up to 48 more hours while ICE arranges custody. That window moves fast. Knowing what steps to take and acting quickly can help protect the detained person’s rights from the start.
Contact an immigration attorney right away
An attorney retained early can review the detention, explain available options and take action before key deadlines pass. Under 8 U.S.C. § 1362, the detained person has the right to be represented by counsel at their own expense in immigration proceedings. The government is not required to provide an attorney and reaching legal help from a detention facility can be difficult due to location, cost and communication barriers. Legal counsel can request a bond hearing and gather supporting evidence. Release decisions depend on many factors, including the person’s immigration history, community ties and whether mandatory detention applies under federal law.
Gather documents to support a bond hearing
Family members should start gathering important documents as soon as possible. Pay stubs, rental agreements and school records may show the detained person’s ties to the community. If the person can request a bond hearing, these records may help the attorney seek release.
Family members or other support contacts should also collect:
- The detained person’s Alien Registration Number (A-number)
- The name and address of the detention facility
- The names of close family members, including any U.S. citizen children
Having these details ready can help the attorney prepare for the bond hearing and present the person’s community ties.
Know who qualifies for a bond hearing
Not everyone detained under an ICE detainer is eligible for a bond hearing. Under 8 U.S.C. § 1226(c), certain individuals are subject to mandatory detention without bond eligibility. This includes those with specific criminal convictions such as aggravated felonies, most controlled substance violations, firearms offenses and certain crimes involving moral turpitude. An immigration attorney can review the record and determine whether a bond hearing is available.
If a bond hearing is granted, an immigration judge will weigh flight risk and danger to the community. Bond amounts vary based on the individual’s circumstances, including community ties and immigration history.
Next steps after an ICE detainer
ICE detainers move quickly, and so do deadlines. Whether the priority is requesting a bond hearing, identifying defenses to removal or locating a detained family member, early legal guidance can shape the direction of a case. An immigration attorney can review the specific circumstances and advise on the options that apply.