How to Get Someone Released From ICE Detention in California

how to remove an ice detainer

The process of securing release from immigration detention in California can be complicated, but there are specific steps you can take right away to help your loved one.

Release from ICE detention isn’t guaranteed, and the options available depend on several factors, including why they were detained, their criminal history, and how they entered the United States.

Here’s what you need to know about getting someone released from ICE detention in California.

Find Out Where They’re Being Held

Before you can help someone get released, you need to confirm where ICE is holding them.

Use the ICE Online Detainee Locator

The fastest way to locate someone in ICE custody is through the ICE Online Detainee Locator System. You’ll need:

  • The person’s full name (as it appears on their documents)
  • Their country of birth
  • Their Alien Registration Number (A-number) if you have it

The system will show you which facility is holding them and provide the facility’s contact information.

Call the ICE Detainee Locator Hotline

If the online system doesn’t work, call the ICE ERO Detainee Reporting and Information Line at 1-888-351-4024. The hotline operates 24 hours a day, seven days a week.

If you’re having trouble locating someone, they may have been recently arrested and not yet entered into the system. It can take 24 to 48 hours for ICE to process someone into a detention facility.

Understand the Types of Release

Not everyone in ICE detention is eligible for the same type of release. The options depend on the person’s specific situation.

Bond Release

Bond is the most common way people are released from immigration detention. Under 8 U.S.C. § 1226(a), people in discretionary detention can request a bond hearing before an immigration judge.

If the judge grants bond, the detained person (or their family) must pay the full bond amount to ICE before release. Bond amounts typically range from $1,500 to $25,000 or more.

Who is eligible: People detained under discretionary authority who entered the United States lawfully and don’t have certain serious criminal convictions.

Who is not eligible: People subject to mandatory detention under 8 U.S.C. § 1226(c) due to specific criminal convictions, or people in expedited removal proceedings.

Release on Recognizance

In some cases, ICE has discretion to release someone on their own recognizance without requiring bond payment. This means the person is released with a promise to appear for future immigration proceedings.

According to the American Immigration Council, ICE considers factors like community ties, flight risk, and public safety when deciding whether to grant recognizance release.

Parole

ICE can grant parole for urgent humanitarian reasons or significant public benefit. Parole allows someone to be released temporarily while their immigration case continues.

Common reasons for parole include serious medical conditions requiring treatment outside detention, pregnancy complications, need to care for seriously ill family members, or other compelling circumstances.

Parole decisions are discretionary, and there’s no guarantee ICE will approve a request.

Steps to Secure Release on Bond

If your loved one is eligible for a bond, here’s how to pursue release.

Step 1: Hire an Immigration Attorney

An attorney dramatically increases the chances of securing a bond. They understand what evidence immigration judges look for and how to present the strongest case.

Step 2: Request a Bond Hearing

The attorney will file a written motion with the immigration court requesting a bond redetermination hearing. This motion should include evidence of family ties in the United States, employment history, community connections, lack of criminal history (or evidence of rehabilitation), and reasons they’ll appear for future hearings.

Step 3: Gather Supporting Evidence

While waiting for the bond hearing, collect:

  • Letters of support from family, employers, and community members
  • Proof of employment or job offers
  • Documentation of property ownership or long-term leases
  • Birth certificates and marriage certificates showing family relationships
  • Tax returns and pay stubs
  • Medical records (if applicable)
  • Evidence of rehabilitation (if there’s a criminal history)

Step 4: Attend the Bond Hearing

At the hearing, the detained person will testify about their ties to the community and why they should be released. The immigration judge will decide whether to grant bond and set the amount.

The ICE attorney will argue against release or for a high bond amount. Your attorney will present evidence and legal arguments for why bond should be granted.

Step 5: Pay the Bond

If a bond is granted, you must pay the full amount to ICE before the person will be released. Payment methods include money order or cashier’s check, ICE’s online payment system (Pay.gov), or cash at certain ICE offices (policies vary).

Release typically happens within a few hours to a few days after payment.

How to Request Parole From ICE

If a bond isn’t an option, you may be able to request humanitarian parole directly from ICE.

Submit a Written Request

Write a letter to the ICE Field Office Director explaining why parole should be granted (urgent humanitarian reasons or significant public benefit), supporting evidence (medical records, letters from doctors, family circumstances), where the person will live if released, and why they’re not a flight risk or danger to the community.

Include contact information and the detained person’s A-number.

Provide Supporting Documentation

Attach relevant documents such as medical records and doctor’s letters, proof of family relationships, evidence of community ties, and letters of support.

Follow Up

ICE is not required to respond within a specific timeframe. Follow up regularly to check on the status of your request.

Special Considerations in California

California’s sanctuary laws limit how local law enforcement cooperates with ICE, but they don’t prevent ICE from detaining people or affect federal immigration proceedings.

Under California law, local law enforcement generally cannot hold people past their release date based solely on ICE detainer requests, allow ICE into non-public areas of jails without a warrant, or provide ICE with release dates or other information.

These protections apply before ICE takes someone into custody. Once ICE has detained someone in a federal facility, state sanctuary laws don’t affect their detention.

Common Mistakes to Avoid

Don’t Pay Bond to Anyone Except ICE

Scammers target families of detained immigrants. Never pay bond money to anyone other than ICE directly. There are no “bondsmen” for immigration bonds like there are for criminal bail.

Don’t Ignore Conditions of Release

If your loved one is released on bond or parole, they must comply with all conditions, including appearing at all immigration hearings, regular check-ins with ICE, GPS monitoring (if required), and not leaving designated geographic areas.

Violating conditions can result in immediate re-detention.

Don’t Wait to Get Legal Help

The sooner you hire an attorney, the better. Early legal intervention increases the chances of securing release and can affect the entire immigration case.

What If Release Isn’t Possible?

Some people cannot be released from detention while their immigration cases are pending. If your loved one falls into this category, focus on the immigration case. Even if the bond is denied, they can still fight their removal case. Winning the underlying immigration case means release from detention.

If circumstances change significantly (new evidence, changed country conditions, passage of time), you can request another bond hearing. If the bond is denied, you can also appeal to the Board of Immigration Appeals within 30 days.

Get Legal Help Now

Getting someone released from ICE detention requires understanding complex immigration law, gathering the right evidence, and presenting a compelling case to immigration judges or ICE officials.

At the Law Office of Lina Baroudi, we’ve helped families throughout California secure release for their loved ones. We know how to evaluate eligibility for different types of release, build strong bond cases, and fight for the best possible outcome.

Contact us today to schedule a consultation. When someone you love is in detention, every day matters. The sooner we can start working on their case, the better their chances of coming home.

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.

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