What to Do When a Parent Is Detained by ICE in New York
What to Do When a Parent Is Detained by ICE in New York
A family member on Reddit shared that ICE arrested their father on Long Island even though he has lived in the United States since 2011 and has no criminal record. Detention is frightening, but there is a roadmap: figure out the charges, confirm the detention facility, evaluate bond eligibility, and prepare for court. Here is a step-by-step guide tailored to New York cases.
Step 1: Locate Your Loved One
- Use the ICE Online Detainee Locator (https://locator.ice.gov). Search by A-number or by name, birth country, and birth date.
- If the person is not in the system yet, call the local Enforcement and Removal Operations (ERO) field office. For Long Island arrests, that is usually the New York City field office (212-863-3401).
- Confirm whether they are at the Orange County Jail, Bergen County Jail, or another contracted facility. Farmingville arrests sometimes end up at the Bergen County facility in New Jersey or the Orange County facility near Goshen, NY.
Step 2: Identify the Charges
- ICE typically issues a Notice to Appear (NTA) listing the alleged violations under INA § 212(a) (for entrants without inspection) or INA § 237(a) (for overstays or status violations).
- Request a copy of the NTA from the ERO officer or from immigration court once the case is filed.
- Check whether the arrest stemmed from a prior removal order, a failed asylum filing, or a recent enforcement priority memo (e.g., for recent entries).
Step 3: Ask About Bond or Parole
- Individuals detained inside the United States (not at the border) usually fall under INA § 236(a), which allows ICE to set bond or release on parole.
- If ICE declines to set bond, the person can ask an immigration judge for a bond hearing. File Form EOIR-42, include proof of address, and gather letters showing community ties.
- To win bond, prove the detainee is not a danger and is likely to appear in court. Employment records, tax filings, and U.S. citizen family members all help.
Step 4: Prepare the Defense Strategy
- Cancellation of Removal (INA § 240A(b)) for people who have been in the United States at least 10 years, can show good moral character, and whose U.S. citizen or LPR relatives would suffer exceptional and extremely unusual hardship.
- Adjustment of Status based on a U.S. citizen spouse or adult child, if the person entered with inspection or qualifies for INA § 245(i).
- Withholding or CAT protection if the person fears persecution or torture upon return.
- Voluntary Departure as a last resort to avoid a removal order and preserve future options.
Step 5: Move Quickly
- Immigration courts move fast for detained dockets. Master calendar hearings may be scheduled within a week or two.
- Submit a Form EOIR-28 so the attorney is recognized by the court.
- Request the A-file through a Freedom of Information Act (FOIA) request if you need copies of prior applications or affidavits.
- Gather civil documents (marriage certificates, birth certificates, tax transcripts) and translate any foreign records into English with certifications.
Support Resources
- New York Immigrant Family Unity Project (NYIFUP) provides public defenders for detained immigrants in NYC-area courts.
- Legal Aid Society, Make the Road New York, and Safe Horizon offer social workers and legal triage.
- Detention Visitation Network can help families stay in touch with detainees held far from home.
Key Reminders
- Do not rely on hearsay; obtain written notices from ICE or the court.
- Keep copies of every bond receipt, court filing, and proof of delivery.
- Encourage your loved one to avoid signing anything (such as a stipulated removal) until they have spoken with an attorney.
- Detained immigrants still have the right to counsel at no expense to the government—so you must hire or find pro bono counsel.
About This Post
This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/immigration/comments/1p6zlv6/dad_detained_by_ice_need_guidance_on_court/
Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.
This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.