This post has information for asylum seekers about immigration detention and expedited removal. You can also read these safety measures, and read about the risk of detention in immigration court, and the risk of detention at ICE check-ins.
5 things to know about immigration detention
You do not have to sign any documents that you cannot read and understand on your own.
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 lived in the United States for more than 2 years, you can tell the immigration officials, and show proof if possible. The government is trying to put some immigrants in a faster deportation process called “expedited removal,” especially if they have been in the U.S. for less than 2 years.
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 can ask to be released from detention, but it is not easy. Some immigrants can ask to be released through a bond hearing or humanitarian parole.
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. You can also read this guide for additional steps.
To find a detained child, parents can call this government line: 1-800-203-7001. This government resource has more information. You can also find more information 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.
Expedited Removal
Expedited removal is a way for the government to deport some immigrants more quickly. Immigrants can be put in the expedited removal process right after they arrive in the U.S., or if their case is dismissed. People are almost always detained during the expedited removal process.
The government has said that they can put someone into expedited removal if they entered the U.S. without a visa AND they have been in the U.S.for less than 2 years.
The government has also said that they can put someone into expedited removal even if they have been in the United States for longer than two years if: (1) they entered without a visa, (2) encountered immigration officials within fourteen days of arriving in the U.S., and (3) the encounter happened within one hundred miles of the border. This generally includes people who entered the U.S. through CBP One or another type of parole.
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.
Credible or Reasonable Fear Interviews
If you tell immigration officials that you are afraid to return to your country of origin, and you are in the expedited removal process, you are supposed to receive a Credible Fear or Reasonable Fear Interview.
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. 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.
This guide and this video have more information about Credible and Reasonable Fear Interviews. However, please know that these resources have not been updated recently, and we do not know exactly how this process will work now.
Bond Hearings and Humanitarian Parole
Some people can ask an immigration judge to release them from detention through a process called a bond hearing. If an immigration judge grants bond, they will set an amount that you need to pay to leave detention. Read Guide 1 and Guide 2 (Part 4 of Section IV) for more information. If you need help paying the bond amount, you may be able to request support.
Another possible way to request release from detention is by asking for “humanitarian parole” because of an urgent situation such as a serious medical condition or pregnancy. Read this guide for more information.
You can find more information about requesting release from detention on this website (scroll down to the section “Release from Detention.”)
More resources
This resource has information for people whose loved ones are detained.
This guide has information for immigrants in detention.
This website has many other guides and resources.
You can contact Freedom for Immigrants for assistance 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).
ASAP aims to provide factual information about current immigration laws. This information is not legal advice.