How to Get a Detained Person Out of Immigration Detention in California

get someone out of immigration detention California

Someone you love was picked up by ICE. You do not know where they are, how long they will be held, or what to do next. The fear and confusion are real, and the system is not designed to make any of this easy.

Getting a person out of immigration detention in California requires knowing the legal options, acting quickly, and understanding a process that changes depending on when, where, and how the person was taken into custody. Here is what you need to know.

Step 1: Find the Person

Before anything else, you need to confirm where ICE is holding your family member or friend. Use the ICE Online Detainee Locator System and enter their full legal name, date of birth, country of birth, or A-number (alien registration number) if you have it.

If the person was recently taken into custody, it can take 24 to 72 hours before they appear in the system. If you cannot locate them online, call the local ICE field office. California falls under three field offices: the San Francisco Field Office covering Northern California, the Los Angeles Field Office covering most of Southern California, and the San Diego Field Office covering San Diego and Imperial counties.

Step 2: Determine if the Person Is Eligible for Bond

Not everyone in ICE custody is eligible for release on bond. Eligibility depends on several factors:

  • How they entered the country. People who entered without inspection have faced severe restrictions on bond eligibility since the BIA’s 2025 decision in Matter of Yajure Hurtado, though federal courts have pushed back on this.
  • Their criminal history. Certain criminal convictions trigger mandatory custody under INA Section 236(c), which eliminates bond eligibility entirely.
  • Whether they are in expedited removal. People placed in expedited removal proceedings are not eligible for bond hearings before an immigration judge.
  • Whether a prior removal order exists. People with outstanding removal orders are generally not eligible for bond.

If your family member is eligible, bond can be requested from ICE directly or through a hearing before an immigration judge.

Step 3: Request a Bond Hearing

If ICE denies bond or sets the amount too high, the person can request a bond redetermination hearing before an immigration judge. At this hearing, the judge evaluates two things:

  • Whether the person is a danger to the community
  • Whether the person is a flight risk (likely to miss future court hearings)

The burden of proof is on the person in custody to show they are neither. Evidence that helps includes proof of family ties (especially U.S. citizen relatives), employment history, community connections, a fixed address, and a record of complying with prior immigration obligations.

Bond amounts in California in 2026 typically range from $5,000 to $20,000, though judges have wide discretion and higher amounts are not unusual.

Step 4: Pay the Bond

Once bond is set, it must be paid through the CeBONDS electronic payment system. The person paying (the “obligor”) must be a U.S. citizen or lawful permanent resident over 18. They will need to verify their identity through the Okta security system before processing the payment.

If you cannot afford the full bond amount:

  • Bond funds like NorCal Resist and Border Angels may help cover the cost
  • Surety bond companies will post the bond for a nonrefundable fee of 15% to 20%
  • Your attorney can file a motion for bond reduction if new evidence supports a lower amount

Step 5: Explore Alternatives if Bond Is Not Available

If bond is denied or the person is classified as subject to mandatory custody, other legal options exist:

  • Habeas corpus petition. Filed in federal district court, this asks a judge to review whether ICE is lawfully holding the person. In 2025 and 2026, habeas petitions have had extraordinary success rates, with over 300 federal judges ruling in favor of release.
  • Parole request. ICE has discretionary authority to release someone on parole for urgent humanitarian reasons or significant public benefit. Medical emergencies, pregnancy, or being the sole caretaker of minor children can support a parole request.
  • Request for Order of Supervision (OSUP). In some cases, ICE can release someone under supervision conditions like check-ins, electronic monitoring, or passport surrender.

What if the Person Is in Expedited Removal?

If your family member has been placed in expedited removal, they will not have a bond hearing. Their most important protection is the credible fear claim. If they express fear of returning to their home country, ICE must refer them for a credible fear interview with an asylum officer. A positive credible fear finding moves them into regular removal proceedings, where bond may become available.

Make sure your family member knows to clearly state if they are afraid to return to their country. This single statement can change the trajectory of their entire case.

Know Your Rights When Visiting Someone in ICE Custody

If you plan to visit, contact the facility directly to confirm visiting hours and requirements. Some important points:

  • You have the right to visit regardless of your own immigration status, though some advocates recommend that undocumented individuals weigh the risk carefully
  • Bring valid photo identification
  • Do not bring phones, bags, or electronic devices into the visiting area
  • If the facility denies access or mistreats visitors, document the experience and report it to the California Attorney General’s portal

California’s ICE Facilities in 2026

As of early 2026, California has seven active ICE facilities, all operated by private companies with a combined capacity of nearly 10,000 beds. The average daily population has risen to over 5,300 individuals, up 72% from April 2025. Major facilities include:

  • Adelanto ICE Processing Center (Adelanto, San Bernardino County) operated by GEO Group
  • Mesa Verde ICE Processing Facility (Bakersfield, Kern County) operated by GEO Group
  • Golden State Annex (McFarland, Kern County) operated by GEO Group
  • Central Valley Annex (McFarland, Kern County) operated by GEO Group, opened April 2026
  • California City Detention Facility (California City, Kern County) operated by CoreCivic, opened August 2025
  • Otay Mesa Detention Center (San Diego County) operated by CoreCivic
  • Imperial Regional Detention Facility (Calexico, Imperial County) operated by MTC

Time Is the Most Important Factor

Every day someone spends in ICE custody is a day they cannot work, care for their family, or effectively prepare their immigration case. The system is designed to move slowly when it benefits the government and quickly when it benefits enforcement.

If someone you care about has been taken into ICE custody in California, contact an immigration attorney immediately. The legal landscape around bond eligibility is changing rapidly, and the right legal strategy depends on the specific facts of the case.

Author Bio

Lina Baroudi is the owner and managing attorney at the Law Office of Lina Baroudi. Lina is a dedicated immigration attorney with over ten years of experience in the field. As an immigrant herself, having moved to the United States from Syria at a young age, Ms. Baroudi understands the challenges and complexities that immigrants face. Her personal connection to immigrant rights fuels her passion and commitment to achieving success for her clients.

Throughout her career, Lina has been recognized for her excellence in immigration law. She was listed in the California 2015-2020 Rising Stars List by Super Lawyers, an honor given to only 2.5 percent of attorneys in the state. Lina’s proficiency in the field is further evidenced by her role as a Law Clerk at the California Court of Appeal for the Sixth Appellate District, where she gained invaluable experience and knowledge. She also received the prestigious Witkin Award for Academic Excellence in Immigration Law during her time at Golden Gate University School of Law.

LinkedIn | State Bar Association | Avvo | Google