Immigration Detention
Date of Information: 09/23/2025
Please check back soon; we update these materials frequently.
Introduction
Imprisonment by the Immigration and Customs Enforcement Agency (“ICE”) can be a harrowing experience for a lot of reasons. There is perhaps no other feature of American law where a noncriminal is subjected to as profound a deprivation of their freedom. It is frequently just as stressful for the non-citizen’s friends and family on the outside. It also makes it considerably more difficult for immigration attorneys and authorized representatives to work with their clients to prepare an adequate defense to the removal. This guide, and the sub-guides incorporated into it, are intended as a step-by-step guide to locating, communicating with, and freeing a non-citizen in ICE detention.
Why People Are Detained
Immigration detention is a civil process, not a criminal punishment. Under the Immigration and Nationality Act (INA):
INA §236(a): Allows ICE to detain a person while removal proceedings are pending. Release may be possible on bond or parole.
INA §236(c): Requires mandatory detention for certain categories of people with specific criminal convictions or terrorism-related grounds.
INA §235(b): Allows detention of arriving aliens, including asylum seekers, pending inspection or credible fear review.
Other reasons include reinstated removal orders, pending expedited removal, or detention under national security grounds.
Where People Are Detained
Dedicated ICE facilities: Operated directly by Immigration and Customs Enforcement.
Private contract facilities: Run by corporations under contract with ICE.
County and local jails: Under intergovernmental service agreements with ICE, where detainees are held alongside criminal inmates.
Because ICE can transfer detainees between facilities without notice, many people end up far from family, community support, or attorneys.
The Conditions in Detention
Immigration detention is supposed to be non-punitive, but most facilities operate like jails.
ICE facilities follow National Detention Standards, but compliance is inconsistent.
Common concerns include: limited access to medical care, expensive or restricted phone calls, limited visitation, and restricted access to attorneys.
Oversight is performed by ICE inspections and audits, and occasionally by the Department of Homeland Security Office of Inspector General.
Your Rights While Detained
Even while detained, non-citizens retain important rights:
Right to counsel (at no government expense).
Right to a hearing before an Immigration Judge in most cases.
Right to seek asylum, withholding of removal, or protection under the Convention Against Torture (CAT) from within detention.
Right to humane treatment consistent with ICE detention standards and U.S. constitutional protections.
Right to communication: access to phone calls, mail, and attorney visits, subject to facility rules.
Right to appeal: adverse bond and removal decisions may be appealed to the Board of Immigration Appeals (BIA).
How to Get Out of Detention
(or get one of your clients out of detention as an attorney or immigration advocate)
Goal: Choose the fastest lawful pathway that the person is eligible for, assemble evidence, and file the right request with the right decision-maker—today.
Step 1: Locate the Non-Citizen
One of the alarming aspects of ICE Detention is that by outward apperances, the non-citizen can just vanish.
Use the ICE Detainee Locator or contact the local jail if ICE has an intergovernmental service agreement.
Confirm the A-Number, facility name, and the ICE Enforcement and Removal Operations (ERO) field office with jurisdiction.
Document custody authority: ICE, CBP, U.S. Marshals, or state/local with an ICE hold.
Step 2: File an Interim Appearance on Behalf of the Detainee
File EOIR-28 (Notice of Entry of Appearance) with the Immigration Court if proceedings have begun.
File G-28 with ICE to establish representation in agency matters.
This ensures you, as counsel, receive hearing notices, bond decisions, and any updates on transfer.
Step 3: Establish Communications with the Detainee
Set up phone, video, or in-person attorney visits. Each facility has its own rules.
Verify facility restrictions on call times, prepaid accounts, or use of attorney phone lines.
Build rapport quickly — many detainees feel isolated and confused.
Step 4: Determine Why the Non-Citizen is Detained.
Review the Notice to Appear (NTA), I-213 Record of Deportable/Inadmissible Alien, and any criminal records.
Identify whether detention is under INA §236(a) discretionary detention or INA §236(c) mandatory detention.
Check for other issues: reinstated removal, withholding-only proceedings, expedited removal, or aggravated felonies.
Step 5: Develop a Comprehensive Strategy for Addressing the Allegations
Once you understand the basis of detention, you can build a release strategy. This is where you assess eligibility, weigh options, and prepare your case.
Determine Eligibility for Release
Bond Redetermination (Immigration Judge)
Parole (ICE/ERO under 8 C.F.R. §212.5)
ICE Release / Alternatives to Detention (ATD)
Prosecutorial Discretion (PD)
Habeas Corpus (Federal Court)
Medical/Humanitarian Release
Attorney / Advocate Playbook
Verify custody & posture: §236(a) vs. §236(c); “arriving” vs. “admitted”; expedited vs. regular removal.
Assemble evidence packet: Sponsor affidavit, proof of identity/address, employment history, community ties, medical documentation, relief eligibility, prior compliance with hearings.
Pick the strongest option first: File for bond if eligible; otherwise push for parole, ATD, or humanitarian release.
Document everything: File motions, track deadlines, and confirm receipt of requests with ICE/ERO or EOIR.
The rest of this guide will focus on bond proceedings. CIL will eventually publish additional guides on the other options depicted in the chart above.
Step 6: File a Request for a Bond Determination
Filing the Motion
File a Motion for Bond Redetermination with the Immigration Court that has jurisdiction over the detention facility.
Attach EOIR-28 (appearance of counsel) if not already filed.
Serve a copy on DHS Office of Chief Counsel (OPLA).
Request a prompt hearing date—bond hearings are usually separate from merits hearings.
Step 7: Prepare for the Bond Hearing
There are a few things you must do to prepare for a bond hearing and yet more things you should do.
Things You Must Do to Prepare for a Bond Hearing:
Complete and File a Bond Hearing Worksheet. If you file the worksheet in ECAS, file it as supplementary evidence.
Develop Cogent Arguments for the Two Dispositive Issues in any Bond Determination:
Whether the detainee poses a threat to the community; and
Whether the detainee is a flight risk, i.e. whether the detainee is likely to appear for and meaningfully participate in the anticipated immigration court proceedings.
Things You Should Do to Prepare for a Bond Hearing:
Compile Supporting Documentation. This will probably require considerable coordination with the detainee’s friends and family. The detainee is unlikely to have sufficient communication with his or her loved ones on the outside to do the necessary coordination on his own. Moreover, he or she is unlikely to have unrestricted access to their own important documents. An inexhaustive list of documentation you should compile can be found here.
Preparing the Case
Legal standard: Detainee must prove they are not a danger to the community and not a flight risk.
Burden of proof: On the detainee (unlike in criminal bail hearings).
Evidence to submit:
Sponsor affidavit with proof of lawful status or residency.
Proof of fixed residence (lease, utility bills).
Employment records (pay stubs, employer letters).
School enrollment or records for children.
Medical records (if release is needed for care/treatment).
Evidence of past compliance with court or ICE appearances.
Documents showing eligibility for relief (asylum, cancellation, adjustment, etc.).
Bond Hearing Checklist
Before the Hearing:
✅ Confirm the correct court and judge.
✅ Gather certified criminal dispositions for any arrests/convictions.
✅ Confirm sponsor identity and prepare them to testify (address, job, ability to house/support detainee).
✅ Prepare a short opening statement: emphasize equities, relief eligibility, and strong community ties.
✅ Assemble an exhibit packet with table of contents and tabs.
During the Hearing:
✅ Introduce evidence systematically.
✅ Present sponsor testimony on stability, reliability, and commitment to support.
✅ Address government opposition (e.g., alleged danger, flight risk) with counter evidence.
✅ Offer alternatives (ankle monitor, ICE check-ins, curfews) if the IJ is reluctant.
After the Hearing:
✅ Request a written bond order (for appeal or enforcement).
✅ If bond is granted, coordinate immediately with ICE ERO for payment.
✅ Advise sponsor how to post bond (through ICE’s Bond Acceptance Facility or online system).
✅ If denied, consider appeal to the BIA or pivot to parole/habeas strategies.
Practical Tips
Bond amounts: Typically range from $1,500 to $25,000+, depending on risk assessment and equities.
Payment: Must be made by a U.S. citizen or lawful permanent resident with valid ID.
Post-release obligations: Ensure client understands reporting requirements, address updates, and hearing dates.
If denied: Move quickly on alternative strategies (Step 5 pathways).
Step 8: After Release: What To Do Next
Release from detention is not the end of the case—it is the beginning of preparing for hearings and complying with conditions.
Obligations After Release
Attend all hearings: Missing a court date almost always results in an automatic removal order.
Comply with ICE check-ins or monitoring: This may include ankle monitors, phone check-ins, or periodic office visits.
Update address promptly: File Form EOIR-33 with the Immigration Court and update ICE if you move.
Preparing Your Case
Use the time outside detention to collect evidence, gather witness affidavits, and pursue applications for relief.
Stay in close contact with your attorney to prepare filings and responses on schedule.
Practical Considerations
Bond must be posted by a U.S. citizen or lawful permanent resident.
Once released, keep proof of bond or parole conditions in case ICE questions your status.
Violating bond or release conditions can result in re-detention and make future release more difficult.
Frequently Asked Questions
1. Am I entitled to a bond hearing?
It depends on your legal status and why you are detained. If you are detained under INA § 236(a), you may request bond or bond redetermination before an Immigration Judge. But if you are in mandatory detention under INA § 236(c), the law often restricts or prohibits bond. Other factors—like criminal convictions, or being under expedited or reinstated removal—can also affect eligibility.
2. Who pays for a lawyer if I'm in immigration detention?
The government does not pay for your attorney. You must retain one or get one through pro bono or nonprofit legal services. You should file an appearance of counsel (EOIR-28 or G-28) so your attorney is officially on record and receives court notices, bond motions, etc.
3. What documents should I gather to improve my chances for release?
You’ll want as much of the following as possible:
Certified criminal dispositions if there are any arrests/convictions.
Sponsor affidavit showing where you will live, who will support you (financially, housing, etc.).
Evidence of fixed address, employment, or community ties.
Documents showing eligibility for relief (for example, asylum, cancellation, adjustment).
Copies of your immigration court records, NTA, I-213, ID or passport.
Medical records if release is needed for health reasons.
4. If bond is granted, how do I pay it and get released?
Once the Immigration Judge grants bond, you, a sponsor or someone else must pay it. The payment process may involve paying at an ICE Bond Acceptance Facility or through ICE’s online payment system, depending on the location. After bond is posted, you’ll need to follow any set conditions (check-ins, monitoring, address updates) until your case is resolved.
5. What happens if I miss a hearing after being released?
Missing a hearing usually has serious consequences. The court can issue a removal order in your absence, which may mean you lose your chance to present your case. It’s critical to keep track of all notices, update your address, stay in contact with your attorney, and show up for every scheduled court appearance.
6. Can ICE transfer me to another facility while my case is in progress?
Yes. ICE has the authority to transfer detainees between facilities. Transfers can make it harder to communicate with attorneys or family, and may affect timelines for bond hearings or access to certain resources. That’s why one of the early steps is to verify the current facility and ICE field office jurisdiction.
7. If bond is denied, what are my next options?
If bond is denied, you may still have other routes for release: parole, alternatives to detention (ATD), prosecutorial discretion, medical/humanitarian release, or possibly habeas corpus if your detention is unlawful or unreasonably prolonged. Under your strategy section, these paths are evaluated in parallel wherever possible.
Need Help Getting Someone Out of Detention?
Immigration detention moves quickly, and every day matters. If your loved one is detained, or if you’re an advocate seeking guidance on strategy, our team can help. Click below to schedule a confidential consultation and get clear, immediate advice tailored to your case.
Other Helpful Resources:
See Also:
CIL Guide to the Circumvention of Lawful Pathways Rule
