I think my family member is in immigration custody, how do I find out? 

Deportation begins with the U.S. Immigration and Customs Enforcement or “ICE”. If ICE arrests your family member , they will be detained at an immigrant detention center. To find out which detention center, you will need the following information:

• Their first and last name,
• The country they were born, and
• Their date of birth or their 9-digit USCIS number (also referred to as A-number, alien number, or alien registration number) if you know it. 

Once you have this information, there are several ways you can find your family member.

Illinois residents can call the Illinois Coalition for Immigrant and Refugee Rights’ Family Support Hotline at 855-435-7693. They do not give legal advice.

To find a family member online, go to the U.S. Immigration and Customs Enforcement website. 

Lastly, you can contact the Consulate of the detained person for help. Be aware that if the arrest was recent, then your family member's location may not be in the system yet.

Can a family member be in immigration custody if the police arrested them? 

Yes, it is possible that the police have an agreement with Immigration enforcement to check the immigration status of people they arrest. The police can then share the immigration status with ICE. When the police release your family member , ICE may then take your friend into custody. Not every police department has these agreements with ICE. You can check with your local immigrant rights organization for more information.

If immigration arrests me, will they deport me right away?

No, in most cases you will not be directly deported. You have the right to a removal hearing before you are deported. This hearing is before an immigration judge and it usually begins a short time after you are arrested. The judge will make the final decision if you should be deported or allowed to stay in the United States. But, you can be deported right away if you

• Already have been ordered deported, or
• Have committed a serious crime and are not a lawful permanent resident with a green card.

If an immigration judge had already ordered me deported before my arrest, is there anything I can do?

Yes, if you went to the removal hearing , you may be able to appeal the decision within 30 days of the order. If you did not go to the removal hearing, the judge may have issued a deportation order because you did not come to court. You can file a motion to reopen the deportation order if you never received notice of the hearing, or you missed the hearing because of exceptional circumstances. You can also reopen the case for other reasons, such as being a victim of domestic violence. These actions are very complex, and you should call a skilled immigration lawyer or legal aid organization for help. 

Do I have to stay in the immigration detention center to wait for my removal hearing? 

It depends. Some people must stay in detention if they have been convicted of certain crimes. Others, who have only minor criminal convictions, or none at all, do not have to stay in custody. If you don’t have to stay in custody, you will usually have the chance to pay money to be released. This money is called a “bond.” The bond is meant to ensure that you will come to the hearing and do what the judge and immigration ask you to do. If the bond is posted, the money will be returned to the person who paid it if you attend every court date and follow the judge's and ICE's instructions , even if you are deported. An Immigration bond must be paid in full all at once. You cannot pay the bond in installments. 

Who determines the bond amount?

ICE may set a bond for you, or i an immigration judge can decide how much a bond will be. The immigration judge will look at two main factors in deciding whether to set a bond or to change the bond amount. These factors are:

• Whether you are a danger to the community, and
• How likely is it that you will not come to court or do what Immigration asks you to do.

If I am detained, who can pay my bond?

Anyone can pay your bond as long as they are a US citizen or a legal permanent resident. They should also be someone you trust, particularly if many people are donating money to help pay the bond. Be sure the person who paid the bond keeps track of who gave what amount, so this money is returned to the people who helped. 

What if I want to be deported, do I need to have a removal hearing? 

No, you can give up your right to a removal hearing and agree to be voluntarily deported. Keep in mind that even if you sign this waiver, you may not be deported right away. Authorities can hold you for up to a month. Have the name and telephone number of an immigration lawyer ready. There may not be a list of attorneys and phone numbers at the detention center. You may have legal options available to you that you don’t know about. Before signing anything, you should talk with an immigration lawyer. Even if you decide to have a removal hearing, you can always change your mind and ask to be deported. 

If immigration wants to deport me without a removal hearing, do I have any options?

Yes, you must receive a Notice of Intent to be deported without a hearing. This Notice has the reasons why immigration wants to deport you . If you don’t agree with these reasons, you must answer the Notice in writing and explain why you do not agree with them. You must reply in 10 days if you were personally given the Notice and 13 days if it was mailed to you. If possible, find a skilled immigration lawyer or legal aid organization to help you. 

For more information, please read the following article on hiring a lawyer for someone in immigration detention.