Immigration detention 101: What to do if stopped and put into detention

On Behalf of | May 5, 2025 | Immigration detention |

President Donald Trump’s administration has made it clear that it plans to increase deportations of illegal immigrants. Unfortunately, in its haste to make a change, officials have made mistakes and deported the wrong individuals. The mistake highlights the need for immigrants to take basic steps to prepare for the possibility of detention. These steps can provide some sense of control during these tumultuous times.

What should I do if I am stopped by ICE?

Before a potential stop, memorize the numbers of important contacts like your family and lawyer. If you are a citizen or have lawful immigration status, it is helpful to carry a copy of your documentation with you at all times. If undocumented, know that you have the right to remain silent.

If stopped, remain calm and respectful. Contact your emergency contacts as soon as able.

What should I do if ICE officials place me into detention?

If the stop escalates to detention, know there are pathways that can lead to release, each with specific criteria and processes. Two examples are bond hearings and parole requests.

  1. Bond hearings: A bond hearing allows a detainee to request release by paying a bond. The immigration judge assesses whether the individual poses a flight risk or a danger to the community. Eligibility depends on factors like criminal history and ties to the community. It is important to prepare for the hearing by gathering evidence like letters from family and community members. Evidence of stable employment can also help.
  2. Parole requests: Parole is discretionary and typically granted for humanitarian reasons or significant public benefit. Eligibility criteria include urgent medical needs or family reunification.

Understanding these options is the first step toward securing release. It is important to note that legal representation plays a critical role in navigating immigration detention as lawyers understand the intricacies of immigration law and can advise on the best strategies for release.

Securing release from immigration detention requires understanding the available options and preparing thoroughly. Bond hearings and parole requests offer pathways to freedom, but eligibility criteria must be met. Legal representation is vital in navigating these complex processes, providing guidance and advocacy. By taking informed steps, individuals can work towards a successful release from detention.