What to Do When an Unauthorized Immigrant Gets Arrested
🚨 What to Do When an Unauthorized Immigrant Gets Arrested
Did you know that unauthorized immigrants make up nearly 25% of the U.S. foreign-born population? If you or someone you love is undocumented, the fear of being detained by Immigration and Customs Enforcement (ICE) is very real.
Understanding what happens during an arrest—and how to respond—can make all the difference when it comes to protecting your rights and getting released quickly.
This guide covers everything you need to know if an unauthorized immigrant is arrested, including how immigration bonds work and how to find legal support fast.
👮♂️ How Undocumented Immigrants Are Typically Arrested
Arrests can happen in several ways:
ICE agents conducting raids at homes or workplaces
Local law enforcement stopping someone for a traffic violation or criminal offense
Collaborative efforts where police notify ICE after an unrelated arrest
While ICE is known for arresting immigrants, other law enforcement agencies (LEAs) can also detain individuals and place an ICE detainer on them. This alerts ICE to transfer the individual into federal custody.
🔑 Tip: Never open the door for ICE without a signed warrant. They cannot enter your home legally without one.
ICE typically avoids sensitive locations like churches, schools, and hospitals—but they may still conduct enforcement actions near these areas, sometimes using unmarked vehicles or identifying themselves as police officers.
⏱️ What Happens After the Arrest?
If ICE Made the Arrest:
You may be interviewed immediately
Then placed into a detention center
If Another Law Enforcement Agency Made the Arrest:
The agency can notify ICE of a possible immigration violation
ICE may issue a detainer, requesting they hold the individual until ICE arrives
Legally, you cannot be held for more than 48 hours on a detainer
⚠️ If you are held beyond that, it's a violation of your rights, and you can file a petition in federal court.
To locate a detained loved one, use ICE’s Online Detainee Locator System—though they may not show up until ICE officially takes custody.
📜 Removal Proceedings and Charges
Once in ICE custody, agents decide whether to begin removal proceedings, usually for:
Unlawful entry
Visa overstay
Or additional criminal violations
They must issue a Notice to Appear (NTA) within 72 hours. This document lists:
The charges
The scheduled court hearing date
If no NTA is provided—or it’s incomplete—you may have legal grounds to challenge the detention.
Regardless of the charges, you have the right to a hearing before an immigration judge.
🏢 Transfer to a Detention Facility
After being processed, ICE may transfer the individual to:
A local detention facility
A private contracted facility, sometimes in another state
Upon arrival, detainees are usually allowed one free phone call. If your loved one can’t reach you:
You can fund an inmate account to receive calls
Or search their location using ICE’s tools
🚫 Do not sign any documents under pressure
🗣️ Request an interpreter if English is not your first language
💵 Immigration Bond Release Options
If ICE considers the individual not a flight risk or public danger, they may set an immigration bond. ICE typically assigns this by 2:00 PM on the day of detention.
Bond Costs
Start as low as $1,500
Can exceed $25,000 based on:
Criminal history
Risk assessment
Community ties
If no bond is given—or it’s too high—you can request a bond hearing with an immigration judge.
Once granted, bond allows your loved one to go home while their case proceeds. After attending all hearings, the bond money is refundable (minus fees).
👉 Need more help understanding how it works? Check out our full guide on how immigration bail bonds work.
✅ What to Do If You or a Loved One Is Arrested
Stay silent: You have the right to remain silent
Request a lawyer: The government won’t provide one—but you can hire your own
Don’t sign anything without legal advice
Know your rights: You’re entitled to a hearing, an interpreter, and a phone call
Immigration agents often withhold information or mislead detainees. Wait for your attorney before making any decisions. If cost is an issue, pro bono services or nonprofit legal groups may be able to help.
🔓 Need Help With Immigration Bonds?
Being detained is terrifying—but you don’t have to face it alone.
At Amistad Bail and Immigration Bonds, we:
Help families secure fast bond release across the U.S.
Offer flexible options including cash or property collateral bonds
Provide 24/7 bilingual support in English and Spanish
Have over a decade of experience navigating ICE and immigration systems
📞 Call us now at (800) 537-0645
🌐 Or schedule a free consultation
Let us help bring your loved one home safely and quickly—so you can start preparing for what’s next.
