In Case of Arrest

When an immigrant is arrested in the United States, they enter a legal and administrative process managed primarily by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). The steps below outline what typically happens, but experiences can vary depending on immigration status, charges, location of arrest, and legal representation.

1. Arrest

Apprehension by Authorities: Immigration arrests can occur during workplace or home raids, traffic stops, border crossings, or interactions with local law enforcement.

Initial Detention: Individuals are taken to a detention center or holding facility while processing begins.

Know Your Rights:
You have the right to remain silent and not sign any documents without speaking to a lawyer.

2. Notice of Rights

Immigrants are informed of their rights, including:

 

  • The right to remain silent.
  • The right to legal counsel (but unlike criminal cases, the government does not provide free immigration lawyers).
  • The right to contact their country’s consulate.
3. Identification and Background Check

ICE verifies identity, immigration status, and criminal/immigration history.

Fingerprints and photos are taken.

Databases are checked for outstanding warrants or prior deportation orders.

4. Initiation of Removal Proceedings

Notice to Appear (NTA): A legal document that lists the charges and orders the immigrant to appear in immigration court.

Expedited Removal: At the border or certain situations, ICE can order deportation without a court hearing.

5. Detention or Bond Hearing:

Detention: Many immigrants remain in detention while their case proceeds.

Bond Hearing: In some cases, individuals may ask an immigration judge to release them on bond or parole while their case is pending.

6. Immigration Court Proceedings

Master Calendar Hearing: A short, first hearing where charges are read and initial responses are made.

Merits Hearing (Trial): If the immigrant contests deportation, this is the main hearing. The judge reviews evidence and testimony.

Possible Relief: Applications may include asylum, cancellation of removal, adjustment of status, or protection under the Convention Against Torture (CAT).

7. Appeals

If the judge orders removal, the immigrant can appeal to the Board of Immigration Appeals (BIA) within 30 days.

In some cases, further appeals can be made to federal courts, though these are limited.

8. Final Deportation Order

If appeals are denied or waived, the deportation order becomes final.

ICE arranges removal and holds the individual until travel documents and flights are secured.

9. Removal (Deportation)

ICE carries out deportation, usually by flight, and coordinates with the immigrant’s home country.

Individuals are formally processed out of the U.S. immigration system.

10. Post-Removal Consequences

A deported person is typically barred from legally re-entering the U.S. for 5, 10, or 20 years, depending on circumstances. Some bans are permanent.

Deportees may face risks such as persecution, economic hardship, or family separation upon return.

Important Notes

The process is complex and timelines vary. Some cases are resolved within weeks (especially expedited removal), while others last years if appeals or relief applications are filed.

Legal help matters. Having an immigration attorney greatly improves chances of release and relief.

Family Preparedness: Families should know their loved one’s A-number, have legal contacts ready, and keep important documents accessible.