What Happens While in ICE Custody?

If you have been arrested by Immigration and Customs Enforcement  and are being held on suspicion of an immigration law violation, you will be placed in a holding cell or processing facility where you will be interviewed about your right to have entered or to remain in the United States. The interview should take place without any unnecessary delay.

The interviewing officer should be different than the arresting officer unless another qualified officer is not available at the time of examination/interview and taking you before another officer would cause an unnecessary delay. If there is obvious evidence that an immigration law has been violated, the officer can place you in removal proceedings. The officer may also recommend that bond be allowed in your case.

If removal proceedings are started, you should be informed of the reasons for your arrest and should also be made aware of your right to speak with a lawyer (at no expense to the US government).  If you are assigned a Deportation Officer – write down the name and phone number of the officer assigned to your case.

Removal proceedings can take a long time so if bond is allowed in your case you should contact a family member or bond agent who can assist you with securing the bond. If not, you will have to remain in custody until your case is settled.

***Detainees do have the right to remain silent, to speak with an attorney before answering any questions and should be allowed to make a collect calls to reach an attorney or their family while in custody. Immigration officers can provide a list of attorneys to call.

While in custody, if you have never been assigned an Alien Registration Number or “A” number, you will be assigned one. The “A” number is the file number assigned to your case. If you have been in ICE custody before or have a “Green Card”, meaning you are a Legal Permanent Resident, federal authorities may use the same number for your case.