Short answer: After an ICE arrest, a person is usually taken to a detention facility, issued a Notice to Appear, and placed in removal proceedings before an immigration judge. Whether they can be released on bond depends on which detention statute applies to them — a question the U.S. Supreme Court agreed to decide on October 1, 2026. Detention is not deportation, and most people in removal proceedings still have defenses available.
This guide explains the process from arrest through immigration court. It is written by the immigration defense team at Gursoy Law Firm, which represents detained clients in New York and Florida.
What happens immediately after an ICE arrest?
After an ICE arrest, the person is transported to a processing facility, fingerprinted, and screened. ICE then decides whether to detain them or release them on conditions such as an order of supervision or electronic monitoring. If detained, they are typically issued a Notice to Appear, the charging document that begins removal proceedings in immigration court.
Transfers are common and often happen without notice to the family. A person arrested in Brooklyn may be moved to a facility in another state within days, which can change which immigration court hears the case.
How do I find someone who was detained by ICE?
Use the ICE Online Detainee Locator System at locator.ice.gov. You can search either by the person’s Alien Registration Number (“A-number”) plus country of birth, or by full name, date of birth, and country of birth. The A-number search is more reliable.
Records may not appear for 24 to 48 hours after an arrest, and the system only lists people 18 and older. If the name search fails, try reversing the first and last names, and try any second surname hyphenated, spaced, and joined.
Can a detained immigrant get a bond hearing?
It depends on which statute governs the detention, and that question is currently unsettled.
Under 8 U.S.C. § 1226(a), a detained person may ask an immigration judge for release on bond. Under 8 U.S.C. § 1225(b)(2)(A), detention is mandatory and no immigration judge bond hearing is available. A third provision, 8 U.S.C. § 1226(c), requires detention for people with certain criminal convictions regardless of the above.
In 2025, the Department of Homeland Security adopted the position that people who entered the United States without inspection are “applicants for admission” subject to mandatory detention under § 1225(b)(2)(A), even if they were arrested years later in the interior of the country. That position departed from decades of prior practice, under which such people were generally treated as eligible to request bond.
Most federal courts that have considered the question have rejected the government’s interpretation. The Second Circuit, which covers New York, rejected it on April 28, 2026. But outcomes have differed by circuit, producing inconsistent results across the country.
Being eligible to request bond is not the same as being granted bond. Eligibility means an immigration judge will consider release; the judge still weighs flight risk, danger to the community, and the individual record.
What is Rhoney v. Barbosa da Cunha?
Rhoney v. Barbosa da Cunha is the U.S. Supreme Court case that will decide whether noncitizens who entered without inspection and were later arrested inside the United States are subject to mandatory detention without a bond hearing. The Supreme Court granted review on October 1, 2026.
The respondent, Ricardo Aparecido Barbosa da Cunha, a citizen of Brazil, was arrested in September 2025 and denied a bond hearing on the government’s mandatory detention theory. He challenged his detention through a federal habeas corpus petition, won in district court, and was released after an immigration judge granted bond. The Second Circuit affirmed on April 28, 2026, and the government sought Supreme Court review.
As of this writing, the Court has granted review but has not issued a decision, and no argument date has been announced. Until it rules, bond eligibility continues to depend on where a person is detained.
What is a habeas corpus petition in an immigration case?
A habeas corpus petition is a challenge to the legality of detention, filed in federal district court rather than immigration court. It is a separate channel from the immigration bond process.
Habeas is often the route used when an immigration judge has concluded that no bond hearing is available at all. It was the mechanism that produced the Second Circuit ruling now before the Supreme Court. Because it is litigated in federal court on a different timeline and under different rules, it generally requires counsel.
What happens in immigration court?
Removal proceedings generally involve two stages. At a master calendar hearing, the person appears before an immigration judge, responds to the charges in the Notice to Appear, and identifies what relief from removal they intend to seek. At a later individual hearing, the judge takes testimony and evidence and decides the case.
Detained cases move considerably faster than non-detained cases, often in weeks rather than years. That speed is one reason retaining counsel quickly matters so much.
New York cases are commonly heard at the immigration court at 26 Federal Plaza in Manhattan. South Florida cases are heard in the Miami immigration court. Our firm appears in both.
What defenses are available in removal proceedings?
Several forms of relief may be available depending on the individual’s history. Common ones include:
- Asylum, withholding of removal, and protection under the Convention Against Torture, for people who fear harm in their home country
- Cancellation of removal, for certain long-term residents who meet statutory requirements
- Adjustment of status, where a qualifying family relationship makes a green card available
- Protections for crime victims and survivors of abuse, including U visas, T visas, and VAWA self-petitions
- Special Immigrant Juvenile Status, for people under 21 abused, neglected, or abandoned by a parent
- Termination of proceedings, where the Notice to Appear is legally defective or the charges cannot be sustained
Which of these apply depends entirely on the individual’s entry history, family relationships, time in the country, and criminal record. Eligibility cannot be determined from general information.
Does a detained person have a right to a lawyer?
A person in removal proceedings has the right to be represented by counsel, but not at government expense. Unlike criminal court, no public defender is appointed in immigration court. If the family does not retain a lawyer, the person generally appears alone against a government attorney.
They also have the right to remain silent, and they should not sign documents without counsel. Forms presenting voluntary departure or stipulated removal can waive the right to see a judge and end a case that had defenses available.
What should a family do first?
- Locate the person and record the facility, date, and time
- Get a message to them not to sign anything
- Gather the A-number, passport, prior immigration paperwork, proof of time in the country, family documents, and any criminal records
- Write down exactly how the arrest happened, including whether a warrant was shown
- Contact an immigration attorney immediately — detained dockets move quickly
Gursoy Law Firm represents detained clients and their families in removal proceedings, bond hearings, and federal habeas corpus litigation. The firm was founded by Umit “Mike” Gursoy, a graduate of the Benjamin N. Cardozo School of Law admitted to the New York bar in 2000, who teaches continuing legal education for other attorneys.
Brooklyn: 718-568-8310
Miami: 305-990-8258
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This article is general information, not legal advice, and does not create an attorney-client relationship. Immigration detention law is changing rapidly and outcomes depend on individual facts. Attorney Advertising. Prior results do not guarantee a similar outcome. Last updated October 22, 2026.