Someone was detained by ICE: your first 48 hours checklist

Who this checklist is for

This page is for families, friends and employers of someone who has just been arrested or detained by U.S. Immigration and Customs Enforcement (ICE). It is also for people who fear this could happen. The first two days matter. They are when you can find the person, collect the information a lawyer will need, and avoid mistakes that are hard to undo. Most people cannot get through removal proceedings well without legal help, so the most important step on this list is getting a qualified lawyer involved early.

The first 48 hours: a step-by-step checklist

The Notice to Appear and immigration court

The Notice to Appear (Form I-862) is the charging document that starts removal proceedings in immigration court. It lists the government's allegations, such as the person's nationality and how they entered, and the legal charges. An immigration judge decides the case. Immigration judges belong to the Department of Justice's Executive Office for Immigration Review (EOIR), not to ICE. Detained cases move on a faster "detained docket."

At the first hearing, called a master calendar hearing, the judge explains the charges and asks whether the person has a lawyer. The person can ask for time to find one. Later, the person may apply for relief from removal. Depending on the facts, relief can include asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, or adjustment of status. Missing a hearing can result in an order of removal issued in absence, so always keep the court informed of a current address.

Can a detained person get bond? What has changed

An immigration bond is money paid to ICE to secure a person's release while the case continues. The money is returned if the person attends every hearing. ICE may set a bond, or an immigration judge may hold a bond hearing. The judge considers whether the person is a flight risk or a danger. Under the law, the minimum bond is $1,500, and there is no maximum.

Bond eligibility has been contested since July 2025. That month, ICE began treating people who entered the U.S. without inspection as "applicants for admission." It placed them under a mandatory detention law, INA section 235(b)(2)(A), instead of the discretionary detention law (section 236(a)) that allows bond hearings. In 2025 the Board of Immigration Appeals adopted the same view in Matter of Yajure Hurtado. As a result, many long-time residents arrested inside the U.S. were told they could not ask a judge for bond.

• Most federal appeals courts that have ruled on this have rejected the government's reading. In 2026 they include the Second, Sixth, Tenth, Eleventh and First Circuits. The Fifth and Eighth Circuits have upheld mandatory detention. So in some states a judge may hold a bond hearing, and in others it may be refused.
• In Maldonado Bautista, a federal court in the Central District of California certified a nationwide class. It later vacated Yajure Hurtado. The Ninth Circuit stayed those orders in late March 2026 while the appeal continues. According to the ACLU, the nationwide class order and the vacatur are not in effect for now, and only people detained in the Central District of California can ask for bond based on this case.
• On October 1, 2026, the U.S. Supreme Court agreed to decide the question in Rhoney v. Barbosa da Cunha (No. 26-104). Until it rules, the answer depends on where the person is detained, the facts of the case, and any federal court order.

What this means in practice: ask the lawyer which detention law ICE is relying on. Ask whether a bond hearing, a request for reconsideration, or a federal habeas corpus petition is available in your state. Some people are subject to mandatory detention for other reasons, such as certain criminal convictions, regardless of this dispute. Being eligible to ask for bond does not mean a judge will grant it.

Expedited removal: fast removal without a judge

Expedited removal lets immigration officers order some people removed without a hearing before an immigration judge. By law, it can apply to people who cannot show they have been in the U.S. continuously for two years. On January 21, 2025, DHS expanded it to the fullest extent the statute allows, which means anywhere in the country rather than only near the border (90 FR 8139). A federal district court paused that expansion in 2025. On June 23, 2026, the D.C. Circuit, in Make the Road New York v. Mullin, vacated the pause, allowing DHS to apply expedited removal in the interior again. Further appeals are possible, so ask a lawyer whether the ruling still stands when your case arises.

• Proof of at least two years of continuous presence is crucial. Leases, pay stubs, school records, tax filings and medical records can all help, so keep copies somewhere family can reach them.
• A person in expedited removal who says they fear returning home should be referred for a credible fear interview with an asylum officer.

Voluntary departure and other outcomes

Voluntary departure lets a person leave the U.S. at their own expense by a deadline, without a formal removal order. That can make it easier to return lawfully in the future. A judge may grant it at the start of the case (up to 120 days) or at the end (up to 60 days, with conditions and a bond). Missing the departure deadline brings civil penalties and a 10-year bar on several forms of relief. Voluntary departure gives up the chance to fight the case, so decide only after legal advice. It is different from signing papers for a "voluntary return" at a detention center.

Other possible outcomes include release on bond, release on parole or supervision, relief granted by the judge, or a removal order. A removal order can usually be appealed to the Board of Immigration Appeals, and the appeal must be received within 30 calendar days of the decision. That deadline is strict. Our deadline calculator can count the days, but contact a lawyer immediately. As of October 1, 2026, the EOIR fee for an appeal (Form EOIR-26) is $1,060.

Avoiding scams when you are most vulnerable

Questions to ask the lawyer

• Which detention law is ICE using, and can we request bond in this state?
• Is the person in regular removal proceedings, expedited removal, or reinstatement of an old order?
• What forms of relief might apply, and what deadlines are running now?
• What documents should we collect this week?
• What are your fees, and what exactly do they cover: bond hearing, court case, appeal?

This checklist is general information, not legal advice. Every case is different, and no one can promise a particular result.