In Episode 6 of the ImmiGreat Podcast, Richard Wilner addresses a highly stressful and time-sensitive situation: when a loved one is detained by ICE, and the options available to secure their release.
As a Founding Shareholder of Wilner & O’Reilly and a Board-Certified Specialist in Immigration and Nationality Law, Richard breaks down the process of locating detained individuals, determining bond eligibility, and navigating immigration custody proceedings.
What Happens When Someone Is Detained by ICE?
If a friend or family member is taken into immigration custody, the first priority is determining where they are being held.
In most cases, it takes approximately 48 hours for the system to update after detention. Once updated, individuals can be located using the ICE Online Detainee Locator System.
This is the first critical step in beginning the process.
Step One: Locate the Individual
Before any legal action can be taken, you must confirm:
- The detention facility
- The individual’s status in the system
- Their identifying information
Without this information, it is difficult to move forward with a bond or legal strategy.
Step Two: Determine Bond Eligibility
Not everyone detained by ICE is eligible for release on bond.
Eligibility depends on several factors, including:
- How the individual entered the United States
- The legal basis for their removal proceedings
- Whether there are any criminal convictions
Certain criminal convictions can trigger mandatory detention, meaning that bond is not available.
However, even in cases of mandatory detention, there may still be alternative custody options.
Alternatives to Bond
In some situations, individuals may be released under alternative forms of supervision, such as:
- Electronic monitoring (ankle monitors)
- Other custody conditions imposed by immigration authorities
It is important to understand that even if someone is released from physical detention, they are still considered to be in immigration custody.
What Is an Immigration Bond Hearing?
If the individual is eligible, a bond hearing (also called a custody redetermination hearing) can be requested before an immigration judge.
This hearing is separate from the underlying removal proceedings.
At the bond hearing, the goal is to demonstrate that the individual:
- Is not a flight risk (meaning they will appear in court)
- Has strong ties to the United States
- Has family or community support
- Is employed or has stability
- Has a viable form of immigration relief available
These factors are typically presented through a formal bond packet submitted to the court .
Posting Bond and Release
If bond is granted, the amount will be set by the immigration judge.
The bond can be posted in two ways:
- Cash bond paid directly to the government
- Through a bail bondsman
Once the bond is posted, the individual may be released from detention.
However, removal proceedings do not end.
What Happens After Release?
After release, the case continues in immigration court.
The individual is moved from a detained docket to a non-detained docket, and jurisdiction typically transfers to the court closest to where the individual resides .
From there, they may continue pursuing any available forms of relief, such as:
- Adjustment of status
- Asylum
- Cancellation of removal
- Other immigration benefits
Key Takeaways
ICE detention is a serious and often overwhelming situation, but there are structured legal processes in place.
Key points to remember:
- Act quickly to locate the individual
- Determine bond eligibility early
- Understand that not all cases qualify for bond
- Prepare strong evidence for a bond hearing
- Even after release, immigration proceedings continue
As Richard emphasizes, while the process is stressful, there are often pathways forward with the right strategy and preparation.
Watch or Listen
Watch the full episode:
[YouTube link embedded on page]
If you need assistance with ICE detention, bond hearings, or removal proceedings, contact Wilner & O’Reilly:
https://www.wilneroreilly.com/contact/
For additional insights, visit our Immigration Blog:
https://www.wilneroreilly.com/blog
About the ImmiGreat Podcast
The ImmiGreat Podcast, hosted by Richard Wilner, provides practical, real-world insight into complex immigration topics affecting individuals, families, and employers. Each episode is designed to help listeners better understand their options and next steps.
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