Detained Immigration Cases

The Path to Detention: How an Individual is Taken into ICE Custody

Immigration detention, which is a civil and not a criminal process, can happen with little to no warning and begins removal proceedings. An individual may be detained in several ways: at the border by Customs and Border Protection (CBP) while seeking entry or asylum; during an operation or raid by ICE (Immigration and Customs Enforcement) agents in the interior of the U.S. (such as at a workplace or residence); or, most commonly, following an interaction with local police. If a person is arrested by local law enforcement for a traffic violation or other state offense, an ICE Detainer (or "hold") may be issued. This requires the local jail to notify ICE before the individual is released, allowing ICE to take the person directly into federal custody. Given the complex network of detention facilities in Texas, locating a detained loved one and immediately asserting their right to a bond hearing is a matter of urgent legal necessity.

What is the difference between Detained and Non Detained Immigration cases?

A fundamental distinction in the immigration court system is whether a person is facing a Detained Case or a Non-Detained Case. A Detained Case means the individual is in the physical custody of U.S. Immigration and Customs Enforcement (ICE) in a detention facility while their removal (deportation) proceedings are underway. These cases are placed on an expedited docket, meaning they move much faster, but the individual has limited freedom and often greater difficulty accessing legal counsel. A Non-Detained Case means the individual has been released—often on bond or by some other means and is living in the community. While a non-detained case allows for easier communication with an attorney and more time to gather evidence, the case is placed on a much slower docket, resulting in wait times of months or even years for a final hearing.