If a family member is detained by ICE — the first 48 hours

The first two days after an immigration arrest decide a lot: whether you can find the person before a transfer, whether they say the words that protect them, and whether the family’s response is organized or panicked. This is the step-by-step. It applies whether the arrest happened at home, at work, at a courthouse, or through a local jail. General information, not legal advice.

Hour one — what to write down

Collect, in one place (paper, not just a phone):

  • Full legal name exactly as on their documents, plus every spelling variant used
  • Date of birth and country of birth
  • A-number if they have ever had immigration paperwork (work permit, prior case, prior removal) — it is the single most useful identifier
  • Where and when the arrest happened, which agency (ICE? CBP? local police?), badge numbers or car markings if anyone saw them
  • Medical needs and medications — you will give these to the facility and the attorney

Step 1 — find them

  1. ICE Online Detainee Locator — locator.ice.gov. Search by A-number + country of birth (best) or by name + country + date of birth. Expect a 24-48 hour lag after booking; keep retrying.
  2. If local police made the arrest, the person may be in a county jail with an ICE detainer and not in the locator at all — call the jail and ask directly whether an immigration detainer (Form I-247A) is lodged. See 287(g) and detainers for what that means.
  3. Call the ERO field office for your region — every facility and its managing field office is listed in our ICE detention directory, with phone numbers.
  4. Minors never appear in the locator — for anyone under 18, work through the attorney and the field office.

Transfers between facilities — often across state lines — are common in the first days. The locator updates when they move; check it before every call and visit.

Step 2 — the words that protect them

If you can speak with your family member, make sure they know to:

  • Say nothing about their case on facility phones (calls are recorded) beyond basic facts.
  • Sign nothing without a lawyer — especially anything described as “voluntary departure” or a stipulated order. Signing can waive the right to see a judge.
  • If they fear returning to their country, say so clearly and repeatedly: “I am afraid to return to my country. I want to apply for protection. I want to speak with a lawyer.” This triggers the credible-fear safeguard that blocks summary removal.
  • Memorize one family phone number — facility calls often cannot reach cell phones with call-screening enabled.

Step 3 — get a lawyer fast (and avoid the predators)

  • EOIR’s free legal service providers list (justice.gov/eoir) is organized by state and by detention facility.
  • Our pro-bono help directory and legal aid by state list the major networks.
  • Detention is when notario fraud strikes hardest — only a licensed attorney or DOJ-accredited representative can represent someone in immigration court.
  • The attorney needs: A-number, facility name, the arrest story, any prior immigration history (applications, orders, entries), and medical needs.

Step 4 — consulate notification

Under Article 36 of the Vienna Convention, detained foreign nationals have the right to have their consulate notified and to communicate with it. Consulates can help locate people, issue documents, contact family abroad, and sometimes connect counsel. Find the nearest consulate of their country in our consulates directory — many run protection departments specifically for detained nationals.

Step 5 — money and bond

  • Facility accounts: once located, you can usually deposit funds for phone calls and commissary — the facility page in our detention directory explains each facility’s system.
  • Immigration bond is separate from any criminal bail. Either ICE sets an amount or the person (through counsel) requests a bond hearing before an immigration judge. Some people — certain criminal grounds, prior orders — face mandatory detention with no bond; only an attorney can map this quickly.
  • Paying bond: at designated ERO bond acceptance offices, by cashier’s check or money order, by a person with lawful immigration status and government ID (the obligor, Form I-352). Minimum delivery bond is $1,500; the full amount returns at case end if all hearings were attended.
  • Get receipts for everything, and never hand cash to anyone who “knows someone.”

Step 6 — protect the children and the household

  • School: children’s enrollment continues regardless of a parent’s detention — alert a trusted adult on the school’s pickup list. See school enrollment and education rights.
  • Care authority: a power of attorney or standby guardianship (state-specific) lets a trusted adult make decisions for children — the family preparedness plan page covers the documents.
  • Benefits continue for eligible children: US-citizen children keep their SNAP, Medicaid, and CHIP eligibility regardless of the parents’ situation.
  • Do not move money or sign over property in panic — predatory “helpers” appear within days. Decisions can wait for the attorney.

The first-48-hours checklist

  1. ☐ Identity kit assembled (name variants, DOB, country, A-number)
  2. ☐ Locator searched (and re-searched); county jail called if local arrest
  3. ☐ ERO field office / facility identified and called
  4. ☐ Fear statement and sign-nothing rule communicated to the person
  5. ☐ EOIR pro-bono list called; attorney engaged
  6. ☐ Consulate notified
  7. ☐ Phone/commissary account funded
  8. ☐ Bond eligibility asked of the attorney
  9. ☐ School and childcare contacts updated
  10. ☐ Documents gathered (proof of presence, prior immigration papers, medical)

Last verified: 2026-06-11. General information, not legal advice. For an active detention, contact a licensed immigration attorney or DOJ-accredited representative immediately — the EOIR pro-bono list is free and organized by facility.