What Are Your Rights If ICE Detains a Family Member?

The sudden detention of a loved one by U.S. Immigration and Customs Enforcement (ICE) is a terrifying experience that plunges families into immediate uncertainty. At Kriezelman Burton & Associates, LLC, we understand the emotional toll this takes on families. While the situation is urgent, it is critical to remember that detainees have rights, and families have avenues to advocate for their release. Our legal team provides the assured guidance and professional representation needed to navigate this complex system and fight for your family member’s freedom.

Locating a Detained Relative

The first and most crucial step is determining exactly where your family member is being held. ICE operates a network of detention facilities across the country, and individuals can be moved quickly.

To locate a detainee, utilize the ICE Online Detainee Locator System (ODLS). This free tool allows you to search for individuals currently in ICE custody or who have been released within the last 60 days.

You can search using one of two methods:

• Alien Registration Number (A-Number): This is a unique nine-digit number assigned to noncitizens, often found on immigration documents. You must also select the person’s country of birth.
• Biographical Information: If you do not have the A-Number, you can search using the person’s first and last name, country of birth, and date of birth. Ensure the spelling matches exactly what is on their government identification.

Contacting ICE Enforcement and Removal Operations (ERO)

Once you have located your relative, the next step is often contacting the local ICE Enforcement and Removal Operations (ERO) field office that has jurisdiction over the facility. This is necessary to inquire about the case status or coordinate visitation.

When contacting an ERO office, preparation is key to efficient communication. Ensure you have the following information ready:

• Full name of the detainee
• Alien Registration Number (A-Number)
• Date of birth
• Country of birth

Clear communication with ERO officers is essential, but be cautious about sharing sensitive details regarding the case without legal counsel present.

Understanding Bond Hearings and Release Options

After an arrest, the primary goal is securing release from detention while the immigration case proceeds. The most common method is through a bond hearing.

A bond hearing is a proceeding before an Immigration Judge where we argue for your relative’s release. The judge determines if the detainee is eligible for bond and sets the amount. To be successful, we must demonstrate two key factors:

• Not a Danger to the Community: We provide evidence such as a clean criminal record and letters of support from community members.
• Not a Flight Risk: We prove that the detainee will attend all future court hearings by showing strong ties to the community, such as family presence, employment, and property ownership.

If the judge grants bond, the amount must be paid in full to secure release. In some cases, ICE may also release individuals on their own recognizance or under monitoring programs.

Requesting Humanitarian Parole

In situations where bond is not an option, either because the individual is considered an “arriving alien” or has certain criminal convictions, humanitarian parole may be a viable alternative.

Humanitarian parole is a discretionary measure used sparingly. It allows an individual to be released from detention for a temporary period due to urgent humanitarian reasons or significant public benefit.

Key considerations for humanitarian parole include:

• Serious Medical Conditions: If the detention facility cannot adequately treat a severe illness.
• Vulnerability: This includes pregnant women, juveniles, or individuals with disabilities.
• Emergency Situations: Such as attending a funeral or visiting a dying relative.

Navigating detention proceedings requires swift legal action. The attorneys at Kriezelman Burton & Associates, LLC, act as your trusted immigration ally, working tirelessly to reunite your family. We will evaluate your loved one’s case, prepare strong bond motions, and advocate aggressively for their release.

If your family member has been detained by ICE, do not delay. Contact Kriezelman Burton & Associates, LLC for a confidential consultation.