As a federal agency, ICE can detain non-citizens anywhere in the United States. ICE is not required to detain someone close to where they live, where they initially were detained, or where their family, loved ones, or attorney might live. Currently, ICE detains most New Yorkers in these facilities:

• Orange County Correctional Facility (a/k/a Orange County Jail) in the Hudson Valley in Goshen, NY;
• Metropolitan Detention Center in Brooklyn, New York;
• Delaney Hall in Newark, New Jersey;
• Moshannon Valley Processing Center in western Pennsylvania; and
• various facilities in Texas and Louisiana.

Please note that your loved one may be detained initially in New York City at 26 Federal Plaza, or the immediate area, for several days before you are transferred to another ICE-contracted facility.

You can find more details about a specific ICE facility, including about visiting rules and how to send letters to a detainee,  here.

While federal immigration law allows a non-citizen to have an attorney, there is no right to have an attorney appointed to you. Unlike in the criminal courts, there is no equivalent of a public defender system in the immigration courts.

Please beware of any attorney who promises an outcome in an Immigration Court or for any immigration-related matter. Immigration law and practice is complex and ever-evolving in this current federal administration.

Whether someone can be released from ICE custody is dependent on their immigration or arrest history. Some people may be eligible for release during their Immigration Court case with an “immigration bond,” which usually involves paying money to the federal government as collateral for promising to continue to appear for your Immigration Court hearings.

For some people detained in NY and NJ, the Envision Freedom Fund can help pay immigration bond fees.

Currently, ICE and the Immigration Courts are increasingly denying people the option of paying an immigration bond. Sometimes they say the person is not eligible for bond at all and must fight any Immigration Court case while in detention.

Separate from an immigration “bond,” some people may also be able to ask for release from immigration custody by filing a writ of habeas corpus, if they are being unlawfully detained. This is filed in federal district court, generally where the detained person is being held. This is a complicated legal filing that involves saying the federal government violated the law by detaining someone. It is highly recommended that you consult with an attorney with experience with these kind of cases to consider your options.

It is important to note that, even if you may be able to pursue a habeas case, you may need to also proceed with your underlying Immigration Court case while in detention.

Once someone is detained by ICE they will be allowed to make a phone call to a family member or friend. They are only permitted to make collect calls so you will need to accept the call, even though it is an unknown number. The detained person will not be able to leave a message if you do not answer the call.

Some of the ICE detention facilities give detainees access to a tablet that they can use to call or text. The app that is used is called “Getting Out” and requires someone to put money in the account for it to work. Not all detention centers use this but if they do, they will provide you with this link.

Please be aware that any calls to you or other non-legal calls may be monitored and/or recorded.

When someone is detained by ICE they will need in their commissary to be able to purchase items they may need. Every detention center has a different way set up an account to send someone money. Once you know where the person is detained, please check this webpage for information about a specific detention center.

Confirm this basic information about the detained loved one:

• First and Last Name(s) as listed in any immigration documents
• Country of Birth
• Date of Birth

Know their A Number, or Alien Registration Number

This is the immigration identification number for an individual. It should be listed on any immigration related document as an eight or nine digit number with an “A” in front of it – example- “A22-222-222/A222-222-222.” Knowing his A # will make it much easier to search for information about your loved one.

Check if your detained loved one has an upcoming Immigration Court hearing or what the status is of a prior Immigration Court hearing.

Go to the EOIR Automated Case Information website to get this information. Enter the A-number and country of nationality in the boxes.

You can also call 800-898-7180 to access this system telephonically and follow the directions, in English or Spanish. 

You can use the ICE Detainee Locator to find out where your loved one is being detained. You can search with first name, last name (as listed in any immigration documents), and country of birth, or instead with their alien registration number and country of birth.

Please note that it can take a couple days after someone is arrested by ICE before this ICE locator system is updated.

This may be important for any immigration attorney who may assist your detained loved one, or to otherwise advocate for them. Important documents might include government-issued IDs, medical and health documents; and legal documents (such as filed immigration applications)

Your detained loved one may be eligible for a free attorney through the New York Immigrant Family Unity Project (NYIFUP) This project is a collaboration between three organizations: The Legal Aid Society, The Bronx Defenders, and Brooklyn Defender Services. NYIFUP provides free representation for detained New Yorkers in the New York City area.

NYIFUP may be able to assist individuals detained by ICE in these circumstances:

Your loved one is detained by ICE and they are going to immigration court at Varick Street in Manhattan or any other immigration court in NYC.

OR

They are detained by ICE and going to immigration court in Elizabeth or Newark, New Jersey (may be detained at the Moshannon Valley Processing Center) AND were residing in one of the 5 boroughs of New York City before being detained.

If the person does not meet the above criteria, please reach out to non-profit immigration legal providers here.

Please know that it may take a few weeks before your loved one appears before an Immigration Court judge after an ICE detention. In the meantime, you can submit a referral to NYIFUP.

We monitor the form and aim to reach out to the detainee within two weeks to screen for representation.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.