Your Loved One Was Detained by ICE. Here Is What to Do Next.

The moment you learn that a family member has been picked up by ICE, panic sets in. You may feel helpless, confused, and overwhelmed. But what you do in the first hours and days after a detention can have a profound impact on the outcome of your loved one’s case. Here is a step-by-step guide based on decades of experience representing detained individuals.

Step 1: Find a Competent Immigration Attorney Immediately

This is the single most important thing you can do. A qualified immigration attorney will review the case and determine whether the detainee has any viable paths to release or relief from removal. Immigration law is extraordinarily complex, and the consequences of making the wrong decision,  or no decision at all, can be permanent.

Do not assume that because your loved one has been here for many years without problems, the government cannot detain or remove them. They can and they will. The only question is whether there is a legal basis for fighting back, and that question can only be answered by an experienced attorney.

Step 2: Gather Critical Information Before Meeting with the Attorney

Before your first meeting with the attorney, you should gather as much of the following information as possible:

• Complete immigration history, including any previous entries, visas, removal orders, or petitions filed by relatives
• Complete criminal history, including any arrests, charges, or convictions — no matter how minor they may seem
• Any relief that has been previously granted, such as prior work permits, deferred action, or stays of removal
• Family information, including the immigration status of all immediate family members in the United States
• Medical documentation for the detainee or any qualifying relatives with serious health conditions
• Employment records, tax filings, and evidence of community involvement

The immigration attorney needs to see the global picture affecting the detained individual. The more complete the information you bring to that first meeting, the faster and more effectively the attorney can assess the situation.

Step 3: Understand the Available Options

Depending on the circumstances, your loved one may be eligible for one or more forms of relief. These can include immigration bond (release while the case proceeds), cancellation of removal (42A or 42B), asylum, withholding of removal, protection under the Convention Against Torture, humanitarian release, or other benefits based on family relationships.

An experienced attorney who handles removal cases regularly will know which of these options may apply and will be able to develop a strategy tailored to your loved one’s specific situation.

Step 4: Be Realistic About Timelines and Risks

It is essential to understand that immigration cases can take months or even years to resolve. During that time, your loved one may remain in detention. If the case looks strong, the fight is absolutely worth it. But if the chances of success are slim, the attorney will tell you that as well, and your family may need to consider difficult alternatives, including accepting the government’s offer of voluntary departure.

People facing deportation proceedings today need to understand that the likelihood of receiving a removal order is extremely high. The question is not whether the government will try to remove your loved one. The question is whether there is a viable legal defense that can prevent it.

Step 5: Do Not Go to ICE Offices Without Legal Counsel

In the current enforcement environment, it is critical that family members do not visit ICE offices without an attorney’s guidance. In today’s climate, individuals who show up at ICE for routine appointments or inquiries risk being detained themselves. Everything should be coordinated through legal counsel to minimize risk.

Step 6: Stay Engaged and Keep Gathering Evidence

Your role does not end after hiring an attorney. Throughout the life of the case, new evidence may need to be gathered and submitted. Medical records may need to be updated. Letters of support from community members may need to be collected. School records for children may need to be obtained. Stay in close communication with your attorney and be proactive about providing information.

The Most Important Thing to Remember

Every case is different, and every person’s situation has unique factors that could make the difference between removal and relief. Do not give up before you have spoken with a knowledgeable immigration attorney who can evaluate the full picture. There may be options you never knew existed.

The system is difficult, the process is long, and the stakes could not be higher. But with the right legal representation, it is possible to fight for your family’s future in the United States.

John W. Lawit, LLC has represented detained individuals and their families for over 45 years. If your loved one has been detained by ICE, call us today. We will review the case, explain your options, and fight for the best possible outcome. Offices in Albuquerque, New Mexico, and Irving, Texas.