Immigration Customs and Enforcement (ICE) is a federal government agency responsible for enforcing immigration law within the U.S. and at its borders. This includes detaining and deporting individuals without legal status and investigating immigration-related violations. Understanding whether you can be arrested by ICE is crucial, as it allows you to prepare for potential encounters, assert your rights, and protect yourself and your family. Knowing what happens after detention can help you navigate the process, from understanding the charges against you to seeking legal assistance and exploring your options for release or relief from deportation. Staying informed empowers you to take proactive steps, whether it’s developing a family safety plan or ensuring you have access to an experienced immigration attorney 

Can ICE Arrest Me? 

ICE is authorized to arrest individuals suspected of immigration violations, including: 

• Individuals in the U.S. without legal status. 

• Individuals with a criminal record or pending charges, in addition to their unlawful status. 

• Individuals with a final order of removal. 

• Individuals deemed a threat to public safety or national security. 

ICE may also target individuals with lawful status, such as lawful permanent residents and refugees, if they have committed certain crimes. 

What Should I Do If ICE Approaches Me?  

If you are approached by ICE, it is crucial to assert your rights under U.S. law to protect yourself. Here are some key actions to take: 

• Remain Calm: Maintain composure and avoid any actions that could escalate the situation. 

• Exercise Your Right to Remain Silent: You are not required to discuss your immigration status or answer other questions. Politely say, "I am exercising my right to remain silent.” 

• Do Not Consent to Searches: You have the right to refuse searches of your person, your belongings, or your home unless ICE presents a valid search warrant signed by a judge.  

• The Right to an Attorney: If you are detained, you have the right to speak to an attorney and should ask for one immediately. Do not sign any documents or agree to anything without the advice of an attorney. 

• Do Not Present False Documents or Claim False Legal Status: Presenting false information or documents when interacting with law enforcement can lead to additional charges and complications in your case. 

• Avoid Presenting Foreign Identification: When approached by ICE, it is advisable to use identification issued by your state of residence rather than documents from your country of origin. State-issued IDs can verify your identity while keeping your immigration status confidential. Illinois residents can obtain a driver’s license regardless of their immigration status. 

• Ask if You Are Free to Go: If the officers do not have a warrant, you can ask, "Am I free to go?" If they say yes, you may calmly and silently walk away. 

• Have a Family Safety Plan: If you are at risk of being detained, have a plan for who will take care of your children or dependent family members. Learn about assigning a guardianship for your minor child HERE.

• Document the Encounter: If it is safe to do so, take notes about the encounter, including the badge numbers of the officers, their names, and the type of car they drove. 

Will I Be Deported if I am Arrested by ICE? 

The likelihood of deportation after being detained by ICE depends on several factors: 

For those without prior deportation proceedings: Being detained by ICE does not automatically lead to deportation. If you are not already in immigration court proceedings, ICE will start the process by issuing a Notice to Appear (NTA) before an immigration judge. At this hearing, you can defend against deportation and apply for various forms of immigration relief. You may also have the option to apply for release on bond, which allows you to be released from detention while your case is processed. 

For those with ongoing immigration proceedings: If you are detained by ICE and your case is active in immigration court, your case will likely be transferred to the immigration court closest to your detention location. This facilitates the continuation of your defense, including the presentation of evidence and pursuit of legal relief. 

For those with final deportation orders: If you are detained by ICE after receiving a final order of removal, the deportation process may be expedited. It is crucial to immediately consult with an immigration attorney who can assess any remaining legal options 

For individuals who have been in the United States for less than two years: If ICE detains you and you are unable to demonstrate continuous residence in the U.S. for at least two years, you may be subject to expedited removal proceedings. This process can fast-track your deportation without appearing before a judge. 

Where Do I Go if ICE Detains Me in Illinois? 

ICE operates numerous detention centers across the country, and the specific facility you are taken to if detained in Illinois depends on several factors, including proximity and facility capacity.  

For individuals detained near Chicago, initial processing often occurs at the ICE processing center in Broadview, IL. After processing, detainees may be transferred to other detention centers within the jurisdiction of the Chicago Field Office, including: 

• Boone County Jail in Kentucky 

• Chase County Jail in Kansas 

• Clay County Jail in Indiana 

• Dodge Detention Facility in Wisconsin 

• Kay County Detention Facility in Oklahoma 

What Is the Process of Being Detained by ICE? 

Being detained by ICE can be a stressful and challenging experience. Detention conditions vary depending on the facility, but here’s what you can generally expect: 

 Processing and Initial Detention 

• If you are detained by ICE, you will first go through processing, usually at a local ICE office or a temporary holding facility. 

• Your fingerprints and photographs will be taken, and your personal belongings may be confiscated. 

• You may be interviewed by an ICE officer about your immigration status and personal background. It is important to remain silent and request to speak to an attorney before answering any questions. 

• After the initial intake at the processing center, ICE will evaluate whether to begin removal proceedings. If they decide to proceed, they issue a Notice to Appear (NTA), which officially starts the civil immigration proceedings. Simultaneously, they determine whether the individual will be detained or released on bond during the removal process. 

How to Locate Someone in ICE Custody 

If you know someone who has been detained by ICE, you can find their location using the ICE Online Detainee Locator System. Search by entering their first name, last name, and country of birth, or use their A-Number (Alien Registration Number). Please note that the system may take up to two days to update following an ICE detention. 

What Can I Do If I am Detained?  

If you find yourself detained by immigration authorities, it's important to manage the situation with caution and awareness. Here are some essential steps to take: 

• Stay calm and avoid signing any documents without consulting an attorney. 

• Request a lawyer and try to contact your family or a trusted advocate. 

• Keep track of important case details, including any hearings or court notices. 

• Ask about release options, such as bond or parole, if applicable. 

Can I Be Released from Immigration Detention?  

Release eligibility depends on case details. If eligible, a judge may grant a release on bond, typically ranging from $1,500 to $10,000 or more, based on factors such as immigration status, community ties, and flight risk. You can also petition for a bond hearing if one is not initially offered.  

It's important to understand that being released on bond does not halt deportation proceedings. Your immigration case will continue, and you will still need to attend all court hearings, whether you are detained or released on bond. 

How to Contact Family and Legal Representation If I am Detained By ICE? 

Upon arrival at a detention facility, you may be granted access to a telephone. The facility's specific regulations will determine whether calls to your family are free or charged, and they may impose time limits on these calls. 

If the facility does not provide free phone calls, your family can set up a prepaid phone account to fund your calls. It's important to remember that all phone calls are monitored except for those made to your lawyer, legal representative, or the court. 

You are entitled to make free phone calls to secure legal representation. This includes reaching out to pro bono attorneys and legal aid organizations. Once you have secured an attorney, the policies regarding the cost of calls to your legal representative may vary depending on the facility's rules. 

Detention Centers and Conditions 

• After processing, you may be transferred to an ICE detention center or a county jail under contract with ICE. 

• These facilities operate similarly to jails or prisons, with strict schedules for meals, recreation, and lights-out times. 

• You may be placed in a shared dormitory or a cell, depending on the facility. 

• Access to medical care, legal resources, and visitation varies by location, but detainees generally have the right to meet with attorneys and receive some healthcare services. 

Why This Information Matters 

Understanding your rights and the processes involved when dealing with Immigration and Customs Enforcement (ICE) is crucial. This knowledge enables you to navigate potential encounters effectively, whether you're at risk of being detained or assisting someone who is. Being informed helps you assert your rights, access legal resources, and manage the impact of detention and deportation proceedings. This information above aims to provide you with essential information to protect your rights and prepare adequately, enhancing your ability to handle these challenging situations with confidence and legal awareness.  

Free Immigration Legal Aid for Residents of Lake County, IL, and North Suburban Cook County, IL 

North Suburban Legal Aid Clinic provides immigration legal aid to residents of Lake County, IL, and North Suburban Cook County, IL. If you or someone you know needs free immigration help, please contact NSLAC at 847-737-4042 or email info@nslegalaid.org.  

NSLAC also offers legal in the areas of Housing and Domestic Violence.