When a loved one is detained by ICE, the uncertainty of not knowing what happens next, or when, is often as hard as the detention itself. While every case moves at its own pace depending on the detention facility, the immigration court's docket, and the specific circumstances involved, most cases follow a recognizable sequence. Here's what that typically looks like.
Day 1: Initial Custody Determination
When someone is first detained, ICE makes an initial custody determination, deciding whether to release the person, set an initial bond amount, or hold them without bond. This initial decision is often not final. If the amount is too high, or if the person believes they should not be subject to mandatory detention, they can request a bond hearing before an immigration judge.
Days 1 to 3: Locating the Detainee
Detained individuals are sometimes transferred between facilities in the first days of detention, occasionally to a different state. This is often the most frustrating part for family members, since it can take time to confirm exactly where someone is being held. An attorney can typically help locate a detainee faster than family members working alone, since attorneys have access to the ICE detainee locator system and established points of contact.
First One to Two Weeks: Filing the Bond Motion
Once located, the next step is filing a motion requesting a custody redetermination hearing, along with supporting evidence: letters of support, proof of community and family ties, employment history, and anything else addressing flight risk and public safety. This package is what gives the immigration judge a reason to set a lower bond, or any bond at all if the initial determination was a denial.
Two to Four Weeks: The Bond Hearing
Bond hearings are typically scheduled within a few weeks of the request, though timing varies significantly by detention facility and how backed up the local immigration court's docket is. At the hearing, the judge considers flight risk and danger to the community, and sets a bond amount, or in some cases orders release without bond, or denies bond entirely.
If Bond Is Granted: Payment and Release
Once a bond is granted, it must be paid, typically through an authorized bond payment location, before release is processed. Release itself can happen within hours of payment, though processing time varies by facility. Family members are usually the ones who post bond on the detained person's behalf.
If DHS Appeals
ICE can appeal a favorable bond decision to the Board of Immigration Appeals, and in some cases request an automatic stay that keeps the person detained while the appeal is pending. This can add weeks or months to the timeline. An attorney can respond quickly to defend the immigration judge's original decision.
After Release
Release on bond doesn't end the underlying case. It means the person can now prepare their defense from home instead of from detention, which is often the single biggest factor in how well a case ultimately goes. The removal case itself continues on its own separate timeline through the immigration court.
This article is provided for general informational purposes and does not constitute legal advice. Every immigration case depends on its specific facts. Contact Murph & Tchamda LLP to discuss your situation with a licensed attorney before taking any action.