Written by ASAP’s expert immigration lawyers · Updated
This page has information about immigration detention, for asylum seekers and their loved ones. Since 2025, the U.S. government has been detaining more asylum seekers in different situations, even if they have a work permit and a pending case. For example, asylum seekers have been detained at ICE check-ins, at their immigration court hearings, at USCIS asylum interviews, and after they have had contact with police or other law enforcement officers.
General orientation
Requesting release
Finding help for someone in detention
How the immigration system works in detention
General Orientation
Key things to know about immigration detention
You do not have to sign any documents that you cannot read and understand on your own. You do not have to answer questions you do not understand. It is okay to ask an immigration officer or immigration judge to repeat or explain things.
You can ask to call your lawyer or a loved one. You can call your lawyer if you have one, or call a loved one who can help find a lawyer. Find a private immigration lawyer or nonprofit organization (search by the name of the detention center). If you have a lawyer, you are supposed to be able to speak with them privately.
If you are afraid of returning to your country of origin, you can say that you are afraid to return every chance you have. If you tell immigration officials you are afraid, you may receive a “Credible Fear” or “Reasonable Fear” Interview. You may be able to apply for asylum. If you have already applied for asylum, you can say that you have an asylum application pending.
You can ask to be released from detention, but it is not easy.
If you are a parent, you can learn about your rights here.
If you are not detained, you can also read about safety measures in the U.S., the risk of detention in immigration court, and the risk of detention at ICE check-ins.
Requesting release from detention
There are a few different ways to request release from detention, depending on the specific circumstances. However, it is often very difficult to be released from detention. If you are not sure what to do, you may want to talk to a lawyer.
Habeas petitions
One way to request release from detention is to submit a “petition for a writ of habeas corpus” to the federal court closest to where you are detained. This is commonly called filing a habeas petition.
Who can file a habeas petition:
Immigrants in detention in the U.S. can file a habeas petition in federal court requesting their release for many different reasons.
Below are some examples of reasons that someone might file a habeas petition, but this is not meant to be a complete list:
If you have been in detention for longer than 6 months without a bond hearing.
If you have a valid immigration status such as Temporary Protected Status (TPS) or DACA.
If the immigration judge denied you a bond hearing even though you were supposed to be eligible for bond, because you crossed the Mexico-U.S. border without encountering immigration officials.
If the government arrested you unlawfully, for example because they entered your house without your permission and without a judicial warrant.
If you were previously released from detention and were re-detained for no new reason.
If you had TPS from Venezuela and you are a member of the National TPS Alliance. The National TPS Alliance won a decision called a “declaratory judgment” that could help some members seek release from detention.
If you believe your detention is unlawful for another reason.
You may not win the habeas petition, but you have a right to file one. Some courts may tell you that you need to try to ask for bond (if you are eligible) before they will consider your habeas petition.
Note: If you already have a deportation (removal) order, it is possible that filing a habeas petition could cause ICE to try to deport you more quickly.
How to file a habeas petition:
Generally, you must file a habeas petition in the federal district court closest to where you are being detained. You can find your district court here (check off U.S. district court and enter your location). You can call the clerk for the district court where you are filing your habeas petition to ask questions.
If you choose to file a habeas petition, you can read this habeas guide from another organization for more details, including instructions about how to file.
You can find a blank petition to fill out here.
You can file a blank application to proceed without paying the fee here, or pay the $5 filing fee.
You may want to file a request for the court to appoint a lawyer for you, and you can find a sample request on page 51 of the guide).
You can include any evidence you want the court to consider, for example, a copy of an immigration judge’s bond order.
You will need to send at least 2 copies to the district court, and also send other copies depending on your situation.
You can also try to seek help from a lawyer.
What happens if the federal judge grants your habeas petition:
If your petition is granted, the federal judge might order the government to release you from detention. Or the judge might order the immigration court to hold a bond hearing in your case. Or, the judge might make a different type of order.
The judge could also deny your habeas petition.
Bond hearings
Some people can ask an immigration judge to release them from detention through a process called a bond hearing, but getting a bond has become much more difficult. If an immigration judge grants bond, they will set an amount that you need to pay to leave detention.
Who can request a bond hearing:
Generally, people who qualify for bond would have either one of two boxes marked on their Notice to Appear (NTA): someone who is “in the United States who has not been admitted or paroled,” or someone who was “admitted to the United States” but is now in immigration court proceedings.
For example, if you entered the United States with a visa, you may be eligible to request release from detention through bond. If you crossed the border without encountering immigration officials, you may be eligible to request bond, although in 2025 and 2026, the U.S. government has made it more difficult for immigrants in this category. Read more below.
If you are in “expedited removal”, have certain criminal history, or your NTA has the box marked that says you are an “arriving alien,” you are likely not eligible for a bond hearing.
How to request a bond hearing:
This guide and this guide from other organizations have information about how to request a bond hearing and what additional documents to provide in support of your release on bond.
You can also try to ask the immigration judge if you are eligible to request a bond hearing, and ask the immigration judge to give you time to gather the additional documents before setting a bond hearing for you.
There are also special considerations if you crossed the border without encountering immigration officials. Read more below.
Can immigrants who crossed the border request a bond hearing:
The U.S. government is trying to make it more difficult for many immigrants who crossed the border without encountering immigration officials to request a bond hearing. Crossing the border without encountering immigration officials is also called “entering without inspection.”
Immigrants are fighting back through a lawsuit and in December 2025 won a court order stating that immigrants who entered without inspection are eligible for bond hearings. As a result of this court order, if you crossed the border without encountering immigration officials, you are supposed to be able to include this court order, another court order, this class certification order, and this final judgment with your bond request packet to show that you are eligible to request bond.
On February 18, 2026, the court also ordered the government to provide notices about the lawsuit to detained immigrants who crossed the border without encountering immigration officials, so that they know about their right to request a bond hearing.
However, since December 2025, even with the court orders, there have been reports that immigration judges are still refusing to hold bond hearings. With the new court order on February 18, the situation may improve, but it is too early to tell.
Also, another federal court said that immigrants in Louisiana, Mississippi, and Texas who crossed the border without encountering immigration officials do NOT have a right to a bond hearing. However, if you live in any of these states you can still file a habeas petition and argue that your detention violates your constitutional rights. Learn more here.
If your immigration court denies your bond or refuses to hold a bond hearing in your case, you can consider filing a habeas petition.
What happens if the immigration judge grants bond:
If an immigration judge grants bond, they will set an amount that you need to pay to leave detention.
If you are granted a bond and need help paying the bond amount, you may be able to request support.
Humanitarian parole
Another possible way to request release from detention is by asking your Deportation Officer for “humanitarian parole” because of an urgent situation such as a serious medical condition or pregnancy. However, in 2025 and 2026, getting humanitarian parole has become much more difficult.
Who can request humanitarian parole:
Generally, anyone in detention can request humanitarian parole. However, in 2025 and 2026, it has become very unlikely for anyone to receive humanitarian parole. ICE may consider granting humanitarian parole in circumstances involving a serious medical condition or pregnancy.
How to request humanitarian parole:
If you decide to request humanitarian parole, you make a request for humanitarian parole to your ICE Deportation Officer. A Deportation Officer will be assigned to you, and usually detention staff will have a list of Deportation Officers with their contact information.
You can read this guide or this guide from other organizations for more information on how to request humanitarian parole. There is no fee to request humanitarian parole, but if your request for parole is granted there is a $1,000 fee before you can be released.
However, please know that in 2025 and 2026, it has become very rare for ICE to grant humanitarian parole.
What happens if ICE grants humanitarian parole:
If ICE grants humanitarian parole, you should receive a written decision. This paperwork may also include certain requirements for your release, such as going to ICE check-ins.
As of October 16, 2025, you will also have to pay a parole fee of $1,000 before you can be released.
In some cases, you may also be asked to pay an additional amount in bond in order to be released from detention on humanitarian parole.
If you need help paying the parole fee or bond amount you may be able to request support.
Leaving the U.S.
If you decide you want to leave the U.S., you can read about things to consider before leaving. For example, depending on your circumstances, you may want to request voluntary departure from an immigration judge, or withdraw your asylum application.
If you need help getting travel documents, you can try to contact your consulate for help. Find your consulate’s contact information here.
What happens if you are released from detention
If you are released from detention in the U.S., and your immigration court case is still pending, you can continue your immigration case outside of detention. Your case will likely be transferred to the immigration court closest to where you live. Read more about the immigration court process.
In some cases, you may also be given an ankle monitor or have check-ins with ICE. Check-ins with ICE are separate from immigration court hearings.
What happens if you are not released from detention
If your requests to be released from detention are denied and you choose to continue fighting your immigration case, you will have to do so while you are detained. This means you must complete and file your asylum application or any other application for immigration relief while you are in detention. You will also need to submit any supporting evidence.
All of your court hearings will take place while you are detained, and the immigration judge will make a decision while you remain in detention.
If you are applying for asylum, you can read more about how to submit your asylum application and your evidence. You can also read about what to expect at your individual hearing.
You do not need a lawyer to represent you in your case. However, having a lawyer can be helpful. A lawyer can help you prepare your application and gather and organize your evidence. You can find a private immigration lawyer or nonprofit organization (search by the name of the detention center).
If you win your case in detention and the government does not appeal the decision, you should be released from detention.
If you win your case in detention and the government appeals, you will likely remain in detention while the appeal process is pending.
If you lose your case in detention, you have the right to appeal the decision. You will likely remain in detention while the appeal process is pending. If you do not appeal, the immigration judge’s deportation order will be final and you will likely be deported to your country of origin. The U.S. government is also now trying to send some immigrants to other countries that are not their country of origin. If you are detained and you are told you could be sent to another country, and if you are afraid to be sent to that country, tell as many immigration officers as possible. Learn more here.
Finding help for a detained loved one
How to find someone who is detained
To find a detained adult, you can use this ICE website. At the top of the page, you can change the language. You can enter the following information about the person — first name, last name, date of birth, and country of birth — to try to find out which detention center they are in.
It is important to check the ICE website regularly since people can be transferred to another detention center, often without notice.
The ICE website sometimes does not have the most updated information, and the person you are looking for may not show up in the system. If your loved one does not show up in the system, you can also read this guide for additional steps. Another option for finding someone in detention is this website for sending money to detained individuals. If you have a guess about which state and detention facility the person may be at, you can use the website to confirm whether they are there. You do not actually need to send money to use the website.
To find a detained child, parents can try to call this government line: 1-800-203-7001 or try to email: [email protected]. This government resource has more information. You can also find more information for asylum seekers under 18 here.
To contact a detained loved one, each detention center has different rules about how you can contact people who are detained and how you can put money in their accounts they can use to buy food or make calls. For information about each detention center, visit this government website and filter the search by the state where the detention center is located.
How to search for help
You can contact Freedom for Immigrants for assistance with getting in touch with loved ones, getting legal or medical help, or to file complaints about the detention center. You can reach them at [email protected]. If you are currently detained, the direct line to call from inside the detention center is 9233#.
You can find a private immigration lawyer or nonprofit organization (search by the name of the detention center).
This resource from another organization has more information for people whose loved ones are detained.
How the immigration system works in detention
There are two common legal processes that immigrants facing deportation may be placed into: the regular immigration court process and expedited removal process. It is important to know which process applies to you. Your rights, options, and the steps in your case can be different depending on which process you are in.
Regular immigration court process
In the regular immigration court process, immigrants have the right to see an immigration judge. They also have the right to apply for different forms of immigration protection, such as asylum, if they qualify.
Most people in the regular immigration court process will have at least one master calendar hearing. These are short, preliminary hearings. Later, they will have an individual hearing. At the individual hearing, the immigration judge reviews the application, looks at evidence, and listens to testimony. After the hearing, the judge decides whether to grant or deny the immigration relief.
If you are detained while in the regular immigration court process, the steps in your case are the same as if you are not detained. However, your case will usually move much faster. You may be able to ask to be released from detention. If you are not released, you will need to continue your case while you remain detained.
You can read more about the immigration court process here. Please note that this information explains the process for people who are not detained, so some details may be different if you are in detention.
Expedited removal process
The “expedited removal” process is a faster deportation process that the government uses for some immigrants. In the expedited removal process, the government tries to deport some immigrants more quickly, without the chance to see an immigration judge and present a case for why they should be able to stay in the U.S.
Who can be placed in “expedited removal”: Currently, someone can only be placed in expedited removal if:
They arrived by sea, were not admitted or paroled, and have been present in the U.S. for less than 2 years, or
They arrived NOT by sea (for example by land or airplane), have been in the United States for less than 14 days, and are within 100 miles of the U.S.-Mexico or U.S-Canada border.
If you are not in one of those two situations, the government is not supposed to put you in expedited removal. The government has been trying to expand expedited removal to include many more immigrants, but immigrants filed a lawsuit and a court has ordered that they cannot do so.This information can change in the future and we will continue to update this page as we learn more.
If you believe that you are in expedited removal proceedings but you should not be – for example because you arrived at the Mexico-U.S. border more than 14 days ago – you can try to tell as many officials as you can. You can provide copies of your work permit, your Notice to Appear, a Hearing Notice, or a Form I-94 (see examples here, here, and here) to show that you have been in the U.S. for more than 14 days.
If you are placed in expedited removal, and you are afraid to return to your country of origin, you can say that you are afraid to return every chance you have. When someone who is in the expedited removal process tells the government that they are afraid to return to their country of origin, the government is supposed to give them a Credible or Reasonable Fear Interview. Learn more about Credible and Reasonable Fear Interviews below.
Credible or Reasonable Fear Interviews (part of the expedited removal process)
If you are in the expedited removal process and you tell immigration officials that you are afraid to return to your country of origin, you are supposed to receive a Credible Fear or Reasonable Fear Interview (CFI or RFI).
Please note that immigration officials will likely not ask you if you are scared, so you can tell as many officials as possible as many times as you can. If you have already applied for asylum, you can tell the immigration officials that. You can also try to submit a letter to ICE that explains why you are afraid. There is a sample letter on page 36 of this guide.
A Credible or Reasonable Fear Interview is different from a normal asylum interview with USCIS. At the interview, you can explain to an immigration official why you are afraid to return to your country of origin.
You have the right to be represented by a lawyer at your Credible or Reasonable Fear Interview, if you have one. You also have the right to have an interpreter who speaks your best language.
If you pass the interview, you are then supposed to be able to apply for asylum or other forms of protection in immigration court. You could be detained during this process.
If you do not pass your interview, you can ask the immigration judge to review the asylum officer’s decision. If the immigration judge agrees with the asylum officer’s decision, you will most likely receive a deportation order. If the immigration judge does not agree with the asylum officer’s decision, you are then supposed to be able to apply for asylum or other forms of protection in immigration court.
This guide has more information about Credible and Reasonable Fear Interviews. However, please know that these resources have not been updated recently.
Applying for asylum or other forms of protection while detained
If you are in the regular immigration court process in detention, OR if you were placed in expedited removal but then you pass a Credible Fear or Reasonable Fear Interview, you are supposed to have a chance to apply for asylum or other forms of protection in immigration court.
Applying for asylum or other protection while in detention can be difficult, and the situation for asylum seekers in immigration court is rapidly changing. For example, many asylum cases are ending before the asylum seeker has a chance to present their case in immigration court. Read more about the immigration court process. You can also find up-to-date information about how laws are changing for asylum seekers.
Here are some steps you can consider.
If you are afraid to return to your country, say that clearly. You can say it every chance you have even if you already said it before. If you previously applied for asylum, you can say that you have an asylum application pending. If you have not previously applied for asylum, you can ask the immigration judge for a copy of an asylum application.
If English is not your best language, you can ask for an interpreter. The immigration court is supposed to provide you with an interpreter for your hearing. You have the right to ask for an interpreter in the language or dialect you feel most comfortable speaking, even if you speak some English.
If you want to apply for asylum, file your asylum application and pay the fee by the deadline the judge sets. The judge may give you specific deadlines to file your asylum application (I-589) and your evidence. It is important to follow those deadlines if you would like to pursue your asylum case. Otherwise, the judge may say that you abandoned your application and give you a deportation order. If you have your asylum application ready, you can submit itduring your hearing. If you are not ready yet, you can submit it later, but within the deadline. You may need to ask a loved one who is not detained to help you pay your initial asylum filing fee and send you the receipt or send the receipt to the court so the immigration judge has proof of your payment.
Consider applying for other types of immigration protection. You may also qualify for other immigration relief, depending on your situation. For example, some people may qualify for Withholding of Removal or Protection under the Convention Against Torture (CAT), which may protect you from deportation even if your asylum application is denied. Some immigrants who have lived in the United States for more than 10 years may be able to ask an immigration judge for Cancellation of Removal if they have a U.S. citizen or Lawful Permanent Resident (green card holder) parent, spouse, or child who would suffer “exceptional and extremely unusual hardship”. This guide and this website from other organizations have more information about applying for asylum and other forms of protection for immigrants in detention.
If you do not have a lawyer, you can ask the judge for more time to find a lawyer, if you would like. This page can help you to look for a lawyer in your area. The immigration judge might also give you a list of free legal services near the detention center.
Try to keep copies of any documents you receive and submit. You might have access to a copier and printer in the detention center to make copies of your application, supporting documents, and government documents. This can help if you are transferred to another detention center or if you get a lawyer later.
The Asylum Seeker Advocacy Project (ASAP) aims to provide factual information about current immigration laws. This information is not legal advice.
All legal content is written and legally reviewed by ASAP’s team of expert immigration lawyers. ASAP’s expert lawyers have decades of experience in immigration law and litigation. Collectively, they have won hundreds of cases. Our lawyers are admitted to the Bar in several U.S. states, hold law degrees from universities including Harvard, Yale, and UCLA, and have won multiple awards for their legal work.