When someone you love is taken into immigration custody, the hours that follow are chaotic. You may not know where they are, what they are being charged with, or who you should call first. This post is a practical guide for that situation.

The steps below are organized in the order they matter. The most urgent tasks in the first 24 hours are different from what becomes most important after a week of detention. Understanding the sequence helps families act effectively instead of spending energy in the wrong places.

The First 24 Hours: Find the Person

Before any legal strategy can be developed, you need to know where the detained person is being held. ICE transfers detainees between facilities, sometimes multiple times in the first days. A detainee may be arrested in New Jersey and held at a county jail under an ICE agreement before being transferred to a dedicated ICE detention center.

The ICE detainee locator is available at locator.ice.gov. You will need the person’s full legal name and country of birth, and preferably their A-number (alien registration number), which appears on any prior immigration documents. Run the search multiple times over the first 24 to 48 hours if the initial result shows no record, because newly detained individuals often do not appear in the database for several hours.

If you cannot locate the person through the online locator, call the ICE ERO (Enforcement and Removal Operations) field office that covers the area where the arrest occurred. For arrests in New Jersey and New York, that is the Newark ERO field office.

What Information to Gather

Once you have located the detained person and have a way to communicate, gather the following as quickly as possible:

The name and address of the facility where they are held, and the specific unit or pod number if available. Attorneys need this to schedule legal visits.

The A-number. If you do not already have it, the detained person can find it on paperwork given to them at the time of arrest or during the booking process.

The date and circumstances of the arrest. Was this an ICE home visit, a traffic stop, a jail pickup after a criminal case was resolved, or something else? This affects the legal theory.

Any documents given to the detained person by ICE at the time of arrest or booking. These often include a Notice to Appear (NTA), which is the charging document that initiates removal proceedings, and may indicate the grounds of removability alleged.

The criminal history, if any. For individuals subject to mandatory detention under INA § 236(c), the specific conviction matters because it determines which detention statute applies and whether a bond hearing is available.

Bond Hearing vs. Habeas Corpus: Understanding the Two Paths

For many detained individuals, the first step is a bond hearing before an immigration judge. At a bond hearing, the immigration judge evaluates whether the detained person is a flight risk or danger to the community, and if not, sets a bond amount that, once paid, allows release pending the completion of the removal case.

Bond hearings are not available to everyone. Individuals subject to mandatory detention under INA § 236(c) because of certain criminal convictions, and individuals subject to expedited removal under INA § 235(b), generally cannot receive a bond hearing before an immigration judge. For those individuals, the path to release may run through federal court rather than immigration court.

A federal habeas corpus petition under 28 U.S.C. § 2241 is a challenge to the lawfulness of the detention itself, filed in the federal district court where the detained person is held. For someone who has been in custody for an extended period without a bond hearing, habeas corpus is often the most direct route to getting in front of a neutral judge who can order the government to justify the continued detention. The post on this blog about habeas corpus and ICE detention describes this process in more detail.

The decision about which path to pursue, immigration court bond proceedings, habeas corpus, or both, depends on the specific facts of the detention and the person’s case. Getting an attorney involved quickly is important because the window for some emergency filings is narrow.

What Families Can Do to Help

While the attorney works on the legal strategy, the family can be doing something equally important: building the documentary record that will be used at a bond hearing or habeas proceeding to demonstrate that the person is not a flight risk and not a danger to the community.

Gather evidence of community ties. Letters from employers, churches, community organizations, and longtime neighbors establish that the person has deep roots in the community and has strong reasons to appear for all court hearings.

Gather evidence of family relationships. Photographs, birth certificates showing citizen or LPR children, tax returns filed jointly, and other evidence of an active family life in the United States support a low flight risk argument.

Gather employment and financial records. Pay stubs, tax returns, a letter from an employer confirming ongoing employment, and evidence of financial obligations (mortgage, car payments, support payments) all show that the person has a life here worth returning to.

Contact character witnesses. A short declaration from a pastor, a longtime employer, a neighbor, or a community leader who can speak personally to the person’s character and ties to the community can carry significant weight before an immigration judge.

Immigration Bonds

If a bond is set, it must be paid before the person can be released. Immigration bonds are separate from criminal bail and are handled through ICE directly or through a licensed immigration bond company (surety bond).

A cash bond requires the full bond amount to be paid directly to ICE. A surety bond is paid through a bonding company, which charges a non-refundable premium (typically 15 to 20 percent of the bond amount) and posts the full bond on the detainee’s behalf. Cash bonds are refunded at the conclusion of the case if the detained person complies with all hearing requirements. Surety bond premiums are not refundable regardless of the outcome.

Bond amounts in immigration cases range widely depending on the circumstances, from a few thousand dollars to amounts that are effectively prohibitive. If a bond is set at a level the family cannot afford, the attorney can file a motion to re-determine the bond before the immigration judge.

When to Call an Attorney

As soon as you know someone has been detained. Not after the first hearing. Not after the first week. The first 24 to 72 hours matter more than any other period in an immigration detention case. Master calendar hearings are sometimes scheduled within days of an arrest. Emergency habeas petitions and stay-of-removal motions must often be filed within hours.

If a family member has been detained by ICE, contact Strasser Asatrian LLC to speak with an attorney about your options. Harry Asatrian will personally review the situation and advise on every available avenue for relief.

This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult an attorney about your individual situation.

Detained Without a Bond Hearing: Immediate Steps for Families