Understanding Immigration Detention
Immigration detention is civil, not criminal — but it is just as serious. A person can be detained by ICE for many reasons: after an encounter at the border, following an arrest, or even after living in the U.S. for years.
Once detained, a few things may happen:
- Bond eligibility — Some people are eligible to ask a judge for release on bond while their case continues. Others are subject to mandatory detention.
- Removal proceedings — Most detained individuals are placed in immigration court proceedings, where a judge will decide whether they can remain in the U.S.
- Prior removal orders — If your loved one was ordered removed in the past, they may not automatically get a new hearing. But in some cases, it's possible to reopen the case.