Roberta Aguirre
Immigration and Customs Enforcement (ICE) is a federal agency that can detain non-citizens anywhere in the United States, including at airports. ICE works with local, state, and federal law enforcement agencies to protect the public from national security, public safety, and border security threats. While ICE primarily focuses on immigration enforcement, it also enforces laws related to human trafficking, drug trafficking, and child exploitation. If you are detained by ICE, you have the right to remain silent, consult a lawyer, and contact your consulate. It's important to note that separate rules may apply at international borders and airports, and it is recommended to stay calm and not resist or obstruct the officer during any interactions with ICE.
| Characteristics | Values |
|---|---|
| Who can be detained? | Non-citizens, including green card holders, refugees, asylum seekers, and visa holders. |
| Where can they be detained? | Anywhere in the United States, regardless of proximity to their residence or family. |
| Detention facilities | ICE has its own detention facilities, such as the Moshannon Valley Processing Center, and also uses local jails like the Orange County Correctional Facility (aka Orange County Jail). |
| Rights of detainees | The right to remain silent, refuse searches without consent or probable cause, consult a lawyer (but not provided by the government), contact their consulate, and be treated humanely. |
| Reasons for detention | Questions about immigration status, return to the US after travelling abroad, criminal history, workplace raids, and border crossings. |
| Notification of detention | ICE issues an immigration detainer, a notice to law enforcement agencies informing them of their intention to assume custody of an individual. |
| Duration of detention | Up to 48 hours beyond the typical release time to allow DHS to assume custody, with certain exceptions for individuals in state or federal prison. |
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What You'll Learn
Your rights if detained by ICE
If you are detained by Immigration and Customs Enforcement (ICE), it is important to know your rights. Firstly, regardless of your immigration status, you have guaranteed rights under the Constitution.
If you are detained by ICE, you have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. You also have the right to refuse to be searched without your consent or probable cause. It is important to stay calm and not obstruct the officer, but you should not consent to their entry if they do not have a warrant.
You have the right to consult with a lawyer, and you can ask for a list of free or low-cost alternatives if you cannot afford one. You have the right to call a lawyer or your family, and you can have your attorney with you at any hearing before an immigration judge. You also have the right to contact your consulate or have an officer inform them of your detention.
It is important to keep your important papers, such as birth certificates and immigration documents, in a safe place and provide a trusted relative or friend with access to them. If you are a U.S. citizen or have lawful immigration status, carry your passport, legal permanent resident card, work permit, or other documentation with you at all times. If you are undocumented, do not open the door to officers unless they have a warrant signed by a judge.
Remember that ICE can detain non-citizens anywhere in the United States, and they use a variety of tactics to do so, including questioning at borders and airports. If you are detained, you can use ICE's online detainee locator to help your loved ones find you.
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Reasons for ICE airport detention
US Immigration and Customs Enforcement (ICE) can detain non-citizens anywhere in the US, including at airports. ICE uses a variety of tactics to arrest and detain individuals. Here are some reasons why ICE may detain someone at an airport:
Questioning by Customs and Border Protection Officers
When individuals enter the United States at the US/Mexico border or US/Canada border, Customs and Border Protection officers may question them about their immigration status and ability to enter the country. Similarly, when individuals return to the US at an airport after travelling abroad, including lawful permanent residents, they may be questioned about their immigration status, leading to potential detention by ICE.
Criminal History
ICE may detain individuals with a criminal history, regardless of whether they are still incarcerated by local law enforcement. This includes those with final Immigration Court removal orders who fear returning to their home country. However, individuals in this situation may be able to seek humanitarian protection to remain in the US by applying for withholding of removal or relief.
Workplace Raids or Enforcement Activities
ICE may conduct workplace raids or other enforcement activities, and individuals may be detained even if they were not the intended target.
National Security, Public Safety, and Border Security Threats
ICE works closely with local, state, and federal law enforcement agencies to protect the public from threats to national security, public safety, and border security. If an individual is considered a threat or a potential danger, ICE may issue an immigration detainer and request custody from the relevant law enforcement agency.
Immigration Status Concerns
ICE may detain individuals with concerns about their immigration status, including those seeking asylum, those with arrest histories, and even certain long-term permanent residents.
It is important to note that individuals detained by ICE have certain rights, such as the right to consult a lawyer (although one is not provided by the government), the right to remain silent, and the right to contact their consulate.
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ICE deportation process
ICE deportation refers to the process of removing a noncitizen from the U.S. for violating immigration laws. ICE deportation can occur in several ways, including:
Questioning at the Border or Airport
Customs and Border Protection (CBP) officers may question individuals about their immigration status and ability to enter or re-enter the U.S. at the border or airport.
Scheduled Check-in or Court Hearing
If an individual has a scheduled check-in with ICE officials or an immigration court hearing, ICE may consider them a detention priority and initiate deportation proceedings.
Criminal History
ICE may learn about an individual's criminal history, whether through local law enforcement records or workplace raids, and initiate deportation proceedings if they deem the person a threat to national security or public safety.
Immigration Violations
ICE may arrest and detain individuals for administrative immigration violations, such as overstaying a visa or entering the U.S. without proper travel documents.
The Deportation Process
Once ICE arrests an individual, they may be detained and brought before an immigration judge to determine their deportation status. The individual has the right to consult with a lawyer, but one is not provided by the government. They can request a list of free or low-cost legal alternatives. They also have the right to contact their consulate and remain silent, choosing not to answer questions about their immigration status.
If a judge rules that deportation should proceed, ICE will carry out the removal order. The individual may be held in a detention center before deportation, and their family or loved ones can use an online tool to locate them.
It is important to note that individuals have guaranteed rights under the Constitution, regardless of their immigration status. They should stay calm, keep their hands visible, and not obstruct the officer, even if they believe their rights are being violated.
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Detention facilities
U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) manages the nation's civil immigration detention system. ICE can detain non-citizens anywhere in the United States, including at airports, and is not required to detain someone close to where they live or where their family lives.
ICE has its own detention facilities, such as the Moshannon Valley Processing Center, which are usually operated by private security companies. However, they also detain people in local jails, such as the Orange County Correctional Facility (also known as Orange County Jail) in New York.
All facilities that house individuals detained by ICE must comply with a strict set of detention standards. These standards describe a facility's immigration detention responsibilities, explain what detainee services a facility must provide, and identify what a facility must do to ensure a safe and secure detention environment for staff and detainees.
Detention is non-punitive. Once an individual is transferred to ICE custody, the agency makes a custody determination. ICE uses its limited detention resources to detain individuals to secure their presence for immigration proceedings or removal from the United States. They may also detain individuals who are subject to mandatory detention or who ICE determines are a public safety or flight risk.
If you are detained by ICE, you have the right to consult with a lawyer, but the government is not required to provide one for you. You can ask for a list of free or low-cost alternatives. You also have the right to contact your consulate or have an officer inform the consulate of your detention. It is recommended that you stay calm and do not resist or obstruct the officer.
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Finding a detained loved one
If your loved one has been detained by ICE, it can be difficult and scary to find them, especially as they may be held in a different state or even country. Here is a list of steps you can take to find them:
- Know your loved one's rights—and make sure they know theirs, too. If they are afraid to return to their home country, they should tell an immigration agent loudly and clearly. If they have lived in the U.S. for at least two years, they should inform an officer and show proof. If they have applied for status or are appealing an immigration decision, they should tell an officer and show proof of their application or appeal. They should not sign any documents without first speaking to a lawyer or having the document translated.
- Memorise important phone numbers—including those of your loved ones, lawyers, and other contacts you may need to call in an emergency.
- Make a safety plan—If you are a parent or caregiver, make a backup plan for how to provide care and protect your children if you are arrested. Keep important papers, like birth certificates and immigration documents, in a safe place, and tell a relative or friend where they are.
- Determine the location of detention—ICE has detention facilities in Orange County Correctional Facility (also known as Orange County Jail) in the Hudson Valley, and at the Moshannon Valley Processing Center in western Pennsylvania. They also detain non-citizens in local jails, such as Orange County Jail, in a separate wing. They also have their own detention facilities, such as the Moshannon Valley Processing Center, which are usually operated by private security companies. If your loved one was arrested in a state that doesn't have an ICE detention facility, look up which Field Office covers that state. For example, the Atlanta Field Office covers Georgia, North Carolina, and South Carolina.
- Use the online tool—ICE has an online tool where you can search for a non-citizen using their first name, last name, and country of birth, or their alien registration number and country of birth.
- Contact the relevant office—If your loved one is being held at Guantanamo Bay, call the ABA Hotline. If they are being held at CECOT, contact the nonprofit group 'Together and Free' via their WhatsApp line.
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Frequently asked questions
An immigration detainer is a notice issued to federal, state, and local law enforcement agencies to inform them that ICE intends to assume custody of someone in their custody.
Regardless of your immigration status, you have guaranteed rights under the Constitution. You have the right to remain silent and do not have to answer any questions, including where you were born or how you entered the U.S. You can ask, "Am I free to go?". If ICE says yes, you can walk away. If they say no, invoke your right to remain silent and ask to speak with a lawyer. ICE cannot search you without your consent.
Do not open the door. Ask ICE to slide the warrant under the door or show it through a window to verify its validity. A warrant must be signed by a judge, not an ICE officer.
Ask if the officer is from the police department or immigration. Immigration officers often identify themselves as "police", but they are not police. Ask if they are from Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). If you are a U.S. citizen or have lawful immigration status, show your passport, legal permanent resident card, work permit, or other documentation of your status. If you are undocumented, you have the right to remain silent and do not have to discuss your immigration or citizenship status.
