Deportation and ICE Detention: Help for You and Your Family
Updated
Receiving a notice from immigration court or a call from an ICE detention center can be a life-changing event. If this has happened to you, a friend, or a loved one, you've come to the right place. This page and the guides linked below will help you get oriented, understand some of the language the government uses, and learn what to expect from the process. We also explain what information to keep and what some of your options may be.
If you are looking for someone who has been detained, trying to understand a court notice, or concerned about a case from years ago, the sections below provide some high-level direction with links to more detailed information for your specific situation.
Our Norcross and Gainesville offices assist clients in English and Spanish.
Detention and court information
If you are looking for a friend or relative who may be in ICE custody, you can use the official ICE detainee locator to search for them. Our guide to finding someone detained by ICE explains how to search by name or A-number, which identifying details you will need, and how to contact ICE or the last known detention facility if no result appears. A missing result does not establish that the person has been released or deported.
Open the Official ICE LocatorFor hearing dates and immigration court information, the Executive Office for Immigration Review, usually called EOIR, provides an online and telephone case-information service. EOIR runs the immigration courts, and its service is separate from the ICE detainee locator, which is used to look for people in custody.
Keep the hearing notices you receive because they are the official source of information about your hearings, even when you also check online. If you cannot find your case online or the information differs from a notice, contact the court handling the case to confirm when and where you need to appear.
Check Immigration Court InformationThe immigration court process
Immigration documents often use the word removal for what is commonly called deportation: being removed from the United States under immigration law.
A Notice to Appear, also called an NTA or Form I-862, identifies the government's allegations and immigration charges; it is not a judge's decision ordering deportation. Court proceedings begin when the Department of Homeland Security files the NTA with the court after serving it on you.
The first hearing is usually a master calendar hearing, where the judge addresses the charges, whether you have a representative, what applications you intend to pursue, and the deadlines for filing documents. Even if the hearing is mainly about scheduling and preparation, you must attend unless the court has excused your appearance. Missing a hearing can lead to a removal order entered in your absence.
If the case requires a hearing on disputed issues or an application for relief, the court may schedule an individual hearing to consider evidence and testimony. EOIR's explanation of immigration court describes these hearings and what to expect during the process.
Not every removal case follows the court process described above. In expedited removal, an immigration officer can order removal without a full hearing before an immigration judge for people covered by that procedure. In reinstatement of removal, DHS may use an earlier removal order when someone reenters unlawfully after being removed or after leaving under that order, rather than begin a new, full immigration-court case.
These procedures have different rules for challenging removal and asking for protection. If you fear returning to your country, tell immigration officials and your lawyer promptly. A screening process for fear of persecution or torture may apply, but it does not guarantee release or permission to remain. Share any earlier orders and new immigration papers with your lawyer so the procedure and available response can be identified.
Keep each notice with its envelope so you have a record of the address used and the postmark if there is a question about delivery. If you learn about a hearing after it has already passed, check with the court to find out what the judge decided. The decision will help establish whether there is another hearing to attend or an order that needs to be addressed.
Release from detention while the case continues
Detention means being held in immigration custody; it does not, by itself, mean a judge has ordered deportation. If you are seeking release for a detained friend or family member, an immigration bond hearing may be an option. Whether a judge can consider that request depends on the legal basis for the detention.
When a bond hearing is available, the judge considers whether releasing the person would present a danger and whether they would attend future proceedings. Evidence about where the person would live and who would help them attend hearings can support the request for release. A stable home and family support are relevant to that decision, but they do not establish legal eligibility for a hearing.
“No bond” can mean that ICE has declined to set bond or that the law limits an immigration judge's authority to review custody. Our mandatory detention guide explains the reasons for a no-bond decision and how they affect the possibility of review. For cases in which a hearing is available, the immigration bond hearing guide explains how to prepare, what happens at the hearing, and how payment works.
Release on bond allows a person to live outside detention while the immigration case continues, subject to the conditions of release. They must still attend required hearings. The bond hearing concerns release from custody; whether the person can remain in the United States still has to be resolved in the immigration case.
Defending against deportation
A defense against deportation can involve challenging the government's charges, applying for permission to remain in the United States, or both. An attorney reviews the allegations and supporting evidence to determine whether the facts and immigration law support the charges. The attorney can also evaluate whether you qualify for relief from removal, a legal remedy that may allow you to remain even when a ground for removal applies.
Asylum can protect someone who meets the legal requirements involving persecution because of race, religion, nationality, political opinion, or membership in a particular social group. If you are afraid to return to your country, explain what happened or what you fear would happen, and why you believe you would be targeted, so an attorney can evaluate whether those circumstances meet the requirements for asylum. Fear of returning alone does not establish eligibility; filing deadlines and other restrictions also apply. EOIR provides more information about asylum and related protection from removal.
Cancellation of removal is another possible remedy. For someone who is not a permanent resident, the ordinary requirements include at least ten years of qualifying continuous physical presence in the United States, good moral character, and proof that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident spouse, parent, or child. Certain criminal convictions can make a person ineligible, and the judge also considers whether the person merits approval.
Living in the United States for ten years or having a U.S. citizen child does not, by itself, satisfy those requirements. The hardship requirement, for example, calls for evidence of how removal would affect a qualifying relative, rather than simply proof of the family relationship. EOIR's overview of cancellation for nonpermanent residents explains the requirements and application process.
Other forms of relief have different requirements. An attorney reviews how you entered the country, previous immigration and criminal cases, family relationships, and any fear of returning to identify which defenses or applications could apply to your circumstances and what you would need to prove.
Help with your situation
The guides below provide more detailed information about finding someone in detention, requesting release, addressing missed hearings, and protecting permanent residence. Each explains the relevant process and the information needed to evaluate possible next steps.
How do I find someone detained by ICE?
If you do not know where your friend or relative is being held, this guide explains how to search the official locator by A-number or name, which identifying details you will need, and who to contact if no result appears.
Find Someone Detained by ICEICE detained someone I love. What can I do?
If a friend or family member has been detained, this guide explains what to ask during a call, how to contact the detention facility, and which ICE documents and court notices to keep. Those details can help you confirm the person's location and follow up on the case.
What to Do After ICE DetentionCan my loved one get an immigration bond hearing?
For someone who is eligible, a bond hearing provides an opportunity to ask an immigration judge for release while the case continues. The guide explains what the judge considers and how to prepare evidence about housing, family support, criminal history, and attendance at future hearings.
Immigration Bond HearingsICE said there is no bond. What does that mean?
ICE can decline to set bond, and the law can also limit a judge's authority to review detention. This guide explains the reasons behind a no-bond decision and how they affect whether a judge can consider a request for release.
No Bond and Mandatory DetentionI missed immigration court and did not receive a notice.
If you learned about a hearing after it had passed, the court's decision and notice history will help determine what to do next. The guide explains what to check and how notices, envelopes, and address-change confirmations can help show whether proper notice was given.
Missed Hearings and Notice ProblemsThe judge ordered removal after I missed a hearing.
An order entered in your absence is called an in absentia removal order. This guide explains when a motion to reopen can be used to ask the court to set the order aside, the deadlines that apply, and whether removal is paused while the motion is considered.
In Absentia Removal OrdersCan a green card holder be detained by ICE?
Yes. A green card holder can be detained by ICE. The guide explains how the reason for detention affects possible release, what detention means for permanent residence, and what to know before signing a document to give up permanent residence.
ICE Detention of Green Card HoldersCan a green card holder be deported?
Yes. Permanent residents can face removal on applicable legal grounds, including certain criminal convictions. This guide explains how criminal cases and immigration history can affect permanent residence, including why the specific offense must be examined before drawing conclusions about deportation.
Green Card Holders and DeportationCommon questions
Will immigration court provide a lawyer for me?
Generally, the government does not pay for a lawyer in immigration court. You can arrange representation by an attorney or another representative authorized to practice before EOIR. If you cannot afford counsel, EOIR's list of pro bono legal service providers may help you find an organization or attorney to contact. Each provider has its own availability and case criteria. While you are seeking help, continue to follow your court notices; requesting representation does not change a hearing date.
If I move, will my immigration hearing move too?
No. Giving the court your new address tells it where to contact you; it does not transfer your case to a court near your new home. To request a different court location, you need to file a separate motion. You must attend the scheduled hearing unless the court grants a change or excuses your appearance.
EOIR generally requires an address or contact-information update within five working days, using the appropriate Form EOIR-33 and its filing and service instructions. Its address-update instructions explain how to do this. Remember to notify the immigration court even if you have already updated USCIS or arranged to have your mail forwarded; those steps do not update the court's records.
Can a removal order from years ago still affect me?
Yes. A removal order does not disappear because years have passed. If you have just learned about an old order or are unsure what happened in an earlier case, an attorney can review the order and any later decisions to determine whether there is a basis to challenge it. The deadline can vary with the reason for reopening, so the age of the order alone does not establish whether review is available.
Whether removal is paused while a request is pending depends on the type of filing. The legal term for that pause is a stay of removal. For example, a motion to reopen and rescind an in absentia order in removal proceedings stays removal while the immigration judge decides that motion. Other filings may require a separate request for a stay. Our in absentia removal order guide explains the grounds, deadlines, and limits on that protection.
Talk with Quijano Law about your case
If you would like help with a court notice, a detention decision, or an old removal order, you can request a consultation with an attorney at Quijano Law. You can contact us for yourself or about a friend or loved one. During the consultation, we can explain the charges or decision and discuss whether there is a basis to challenge removal, request relief, or seek release from detention.
When you contact us, please tell us if someone is detained or if you have an upcoming hearing or deadline. You can request a consultation before collecting every record; bring the documents you have so the attorney can review the notices, charges, or decisions with you.
Our Norcross and Gainesville offices assist clients in English and Spanish. Both offices are open Monday–Friday, 8:00 a.m.–5:00 p.m., with clients seen by appointment.
