What to Do If ICE Arrests You or a Family Member in California

ICE just arrested you — or a family member. The phone call came. Someone didn’t come home. You don’t know where they’re being held, whether bond is an option, or how long this will last.

This guide answers those questions in plain language. It covers your rights during an ICE encounter, what happens in the hours and days after an arrest, and what your legal options are. Every step matters, and knowing what to do and what not to do can make a real difference in how this ends.

What Happens After an ICE Arrest

Processing and Initial Custody Determination

After an arrest, ICE will process the person and make an initial custody determination – these days, almost always a denial. ICE can decide to:

• Release on an Order of Supervision (with conditions like check-ins)
• Set a bond amount that must be paid for release
• Hold without bond (mandatory detention)

ICE’s initial decision is usually not the final word. If ICE denies bond or sets it too high, you can request a bond hearing before an immigration judge.

Where Will They Be Held?

In California, ICE typically transfers people to one of several facilities:

Detainees from out of state may also be transferred to one of the detention centers above. Transfers can happen quickly – sometimes within 24-48 hours. This is why locating the person immediately is critical.

Finding Someone Who Has Been Detained

ICE Detainee Locator

The fastest tool is the ICE Online Detainee Locator System at ICE.gov/detainee-locator. You can search by country of birth, date of birth, name, or A-Number. This only shows people officially in ICE custody, so results may take 24–48 hours to update after an arrest.

If the Locator Doesn’t Show Them

• Call the ICE ERO (Enforcement and Removal Operations) hotline at 1-888-351-4024
• Contact local jails — ICE sometimes holds people in county jails while transfers are arranged
• Call your attorney immediately — an attorney may be able to use legal channels to locate someone faster

What You Need

To locate someone and get any information:

• Their full legal name (as it appears on any immigration document)
• Date of birth and country of birth
• A-Number (Alien Registration Number), if known — this is the fastest way

Bond: Who Is Eligible and How It Works

Bond is one of the most urgent issues after an ICE arrest. Getting someone out of detention while their case proceeds makes an enormous difference — for case preparation, family, and wellbeing.

Who Is Bond-Eligible?

The law separates detained individuals into categories:

Discretionary Detention (8 U.S.C. § 1226(a))

These individuals are generally entitled to a bond hearing before an immigration judge.

Mandatory Detention (8 U.S.C. § 1226(c))

People detained because of certain criminal convictions face mandatory detention. However, courts have recognized that prolonged mandatory detention without any hearing may violate constitutional rights — especially in the Ninth Circuit.

Post-Order Detention (8 U.S.C. § 1231)

After a final removal order is issued, ICE enters a 90-day removal period. If removal doesn’t happen, continued detention may be challenged.

This area of immigration law is moving fast — and staying ahead of it matters.

Ninth Circuit Protections

If you are in California or anywhere in the Ninth Circuit, you have stronger detention protections than people in most other states. Key protections include:

• Immigration judges must conduct individualized hearings
• Prolonged detention without periodic review may violate due process
• The Constitution requires the government to bear the burden of proof in cases where there is prolonged detention – usually six months or more – or where a noncitizen was unlawfully re-detained

How Bond Amounts Are Set

If bond is granted, the immigration judge sets an amount — commonly $5,000 to $25,000 or more — based on flight risk (family ties, prior compliance, employment, stable housing), danger to the community, and immigration history. Bond must be paid in full on https://cebonds.ice.gov/ or in person at an ICE ERO Bond Payment Facility. ICE does not offer payment plans.

If Bond Is Denied or Set Too High

• Appeal to the Board of Immigration Appeals (BIA) – typically takes months and unlikely to win
• Request a new bond hearing if circumstances have significantly changed
• File a habeas corpus petition in federal district court, particularly if detention has been prolonged or there was a due process violation in the hearing

What is a Pre-Deprivation Hearing?

Most people go through their bond hearing while already in ICE detention. But sometimes a federal judge – usually after someone files a habeas petition – will issue an order prohibiting ICE from detaining, or re-detaining someone, until they have had a hearing. At these hearings, called “pre-deprivation” or “pre-detention” hearings, generally the government must prove, by clear and convincing evidence, that the noncitizen is a danger to the community or a flight risk. Currently, there are major concerns that immigration judges are not holding ICE to their burden at these hearings and not making the individualized analysis required.

Documents and Evidence to Start Gathering Now

Whether preparing for a bond hearing, deportation defense, or another form of relief, strong documentation is essential. Start collecting these immediately.

Identity and Immigration History

• Any immigration documents (green card, visa, I-94, EAD, passport)
• Prior USCIS notices, approval notices, or previous applications
• A-Number (Alien Registration Number)
• Any prior removal orders or voluntary departure agreements

Ties to the United States

• U.S. citizen or LPR family members — especially spouses, children, parents
• Length of time in the United States (utility bills, lease agreements, tax returns going back years)
• Employment records — pay stubs, W-2s, employer letters
• Children’s school records or birth certificates showing U.S. citizenship

Community and Character Evidence

• Letters from employers, clergy, teachers, neighbors, or community organizations
• Evidence of volunteer work or community involvement
• Records of military service (for family members who served)
• Completion certificates for educational or rehabilitation programs

A Financial Sponsor

• Must be a U.S. citizen or lawful permanent resident (green card holder)
• Must be 18 or older
• Should have a stable income and a fixed address
• A close family member is ideal, but it can also be a trusted friend or community member

Criminal History (If Applicable)

• Complete criminal history — do not attempt to hide anything
• Court records showing disposition of charges (especially dismissals or reduced charges)
• Evidence of rehabilitation: treatment certificates, time since offense, changed circumstances
• Letters from probation officers, counselors, or others who can speak to rehabilitation

Medical and Humanitarian Evidence

• Serious medical conditions requiring ongoing treatment not available in the country of removal
• Mental health records
• Evidence of conditions in the home country (country condition reports, personal declarations)

Recent Changes: What’s Different in 2025–2026

Laken Riley Act (January 2025)

The Laken Riley Act expanded mandatory detention to include people charged with – not convicted of – certain theft-related offenses, including shoplifting. This means someone could be held without a bond hearing based on an arrest alone, even if charges are later dropped. At least one federal court has ruled it cannot be applied retroactively to arrests before January 2025.

BIA’s Restricted Bond Hearing Eligibility

In late 2025, the Board of Immigration Appeals issued a decision (Matter of Yajure Hurtado) holding that immigration judges lack authority to conduct bond hearings for certain individuals who entered without inspection. However, federal district courts throughout the country have declined to apply this interpretation in individual habeas cases, ordering bond hearings on constitutional due process grounds.

Increased Courthouse Enforcement

ICE has increased arrests at or near courthouses in California since 2025, targeting people appearing for unrelated state court matters. Consult with an immigration attorney before any court appearance, even for minor traffic matters.

The law is moving quickly. What was true six months ago may have changed. Working with an attorney who handles these cases actively matters now more than ever.

Important Disclaimer: This article provides general legal information, not legal advice. Immigration law changes frequently, and your specific situation may involve unique factors. Nothing on this page creates an attorney-client relationship. Contact an attorney for advice about your case.