How to Get Out of ICE Detention and Avoid Deportation


Shawn Sedaghat, Esq.
Finding yourself or a loved one in ICE detention can be overwhelming, and the fear of deportation can make the situation feel even more urgent.
But don’t worry! There are ways to fight your case and avoid deportation.
In this article, we’ll guide you through everything you need to know about ICE detention and deportation, your legal options, and how to secure your release from detention.
Whether you’re an asylum seeker, have a prior conviction, or are simply trying to navigate the complex world of immigration and customs enforcement processes, we’ve got you covered!
What Is ICE Detention?
When we talk about ICE detention, we’re referring to a process where noncitizens are held in immigration detention centers by U.S. Immigration and Customs Enforcement (ICE) while they await decisions on their immigration status. Whether someone ends up detained depends on several factors, such as past criminal convictions, visa violations, or seeking asylum without documentation.
While in immigration detention, individuals are typically housed in centers for detention operated by ICE, private contractors, or local jails that have agreements with ICE.
These facilities are part of the larger immigration detention system, which has faced scrutiny from human rights organizations due to concerns about conditions, treatment of detainees, and access to legal resources.
ICE uses detention as a way to ensure that individuals attend their immigration court hearings and do not flee while awaiting the outcome of their case. Some individuals are held in what’s called mandatory detention, which means they cannot be released while their case is being processed.

Reasons for ICE Detention
There are several reasons why someone might end up in ICE detention:
- Criminal Convictions: Noncitizens who have committed certain crimes may be placed in detention while ICE evaluates whether they should be deported.
- Visa Violations: Overstaying a visa or violating the terms of a visa can lead to detention and deportation proceedings.
- Asylum Seekers: Individuals seeking asylum at the U.S. border may be detained while their asylum case is processed. Although asylum seekers have the right to apply for protection, many are still detained for extended periods.
- Pending Deportation: If someone has a prior deportation order or is subject to removal proceedings, ICE may detain them to ensure they don’t leave before the process is complete.
How Does ICE Detention Work?
Once ICE places someone in detention, they begin a process to determine whether the person should be released, deported, or allowed to stay in the U.S. legally. Here’s a breakdown of how the system works:
1. Custody Determination
Upon arrest by ICE, a custody determination is made to decide whether the individual should remain detained or can be released on bond. This decision is based on the risk of flight and any threat to public safety.
2. Bond Hearing
If eligible, the individual may request a bond hearing before an immigration judge. During this hearing, the judge will assess whether the individual is a flight risk or poses any danger to the community. If the judge grants bond, the individual can be released from detention upon paying the bond amount, which can range from a few thousand dollars to tens of thousands, depending on the case.
3. Immigration Court Hearings
While detained, the individual will go through immigration court proceedings, where an immigration judge decides if the person can remain in the U.S. or if they should be deported. These proceedings can include asylum applications, waivers of inadmissibility, or other defenses against deportation.
4. Detention Conditions
Individuals in ICE detention are housed in detention centers or county jails. These facilities, which make up the detention system, have been criticized by human rights organizations for poor conditions and inadequate medical care. Detainees often experience long waits for court dates and limited access to legal representation.

How to Get Out of ICE Detention
If you or someone you know is in ICE detention, the good news is that there are ways to secure release. Here are the steps you can take to get out of detention and avoid deportation:
1. Request a Bond Hearing
A bond hearing allows a detained individual to request release while their immigration case is processed. Not everyone is eligible for bond, especially if they are subject to mandatory detention. However, if the person qualifies, an immigration judge will set a bond amount based on the individual’s flight risk and danger to the community.
To improve your chances of getting bond, it’s essential to present evidence that shows strong ties to the community, such as family relationships, employment, or community involvement. An experienced immigration attorney can help make your case and argue for a reasonable bond amount.
2. Apply for Asylum or Other Forms of Relief
For asylum seekers, applying for asylum is one of the strongest defenses against deportation. To qualify for asylum, you must show that you fear persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group.
Other forms of relief from deportation include cancellation of removal, waivers of inadmissibility, and family-based petitions. Your lawyer will help determine which form of relief best applies to your situation.
3. Alternative to Detention (ATD) Programs
In some cases, ICE offers Alternatives to Detention (ATD) programs, which allow individuals to be released from detention while still being monitored. These programs often involve electronic monitoring (such as wearing an ankle bracelet) or regular check-ins with ICE officers. Participating in an ATD program allows individuals to live at home while they fight their immigration case.
4. Appeal the Immigration Judge’s Decision
If an immigration judge rules that you should be deported, you have the right to appeal the decision to the Board of Immigration Appeals (BIA). Appeals can extend the process and give you more time to fight your case.
An appeal should be filed quickly—typically within 30 days of the judge’s decision. Having a qualified immigration attorney throughout the appeal process is crucial to protecting your rights and ensuring that all legal arguments are presented properly.
What Are the Conditions Like in ICE Detention Centers?
The conditions in detention centers can vary, but many facilities have been criticized for their poor treatment of detainees. According to human rights organizations, some common concerns include:
- Overcrowding: Many detention centers are overcrowded, leading to unsafe and unsanitary conditions.
- Medical Care: Detainees often report inadequate medical care, with long waits for treatment and lack of proper attention to chronic conditions.
- Access to Legal Representation: While detainees have the right to legal representation, many struggle to find lawyers due to high costs or limited access to attorneys.
- Family Separation: Detainees may be held far from their families, making it difficult to maintain connections and receive support.
How Does the International Community View ICE Detention?
The treatment of detainees in the U.S. detention system has drawn attention from human rights organizations and advocates who argue that the conditions violate international standards for human rights. Many believe that the U.S. should invest more in community-based alternatives to detention, which are more humane and cost-effective.
Avoiding Deportation: What Are Your Options?
Avoiding deportation involves a strategic legal defense. Here are some key steps you can take to increase your chances of staying in the U.S.:
1. Seek Legal Help Immediately
An immigration lawyer is your best ally when it comes to avoiding deportation. They can help you explore all available defenses, gather evidence, and represent you in immigration court. The earlier you seek legal help, the better your chances of success.
2. File for Asylum or Other Relief
As mentioned earlier, applying for asylum or other relief from deportation is one of the strongest ways to avoid removal. Each case is unique, so it’s crucial to understand which type of relief applies to you and how to best present your case in court.
3. Comply with ICE’s Conditions
If you are released from detention on bond or through an ATD program, make sure to comply with all ICE requirements. This includes attending court hearings, checking in with ICE, and following any other conditions set by the court.
Conclusion
Deportation and ICE detention can be overwhelming, but remember that there are legal ways to fight for your release and avoid being deported. Whether it’s applying for asylum, requesting a bond hearing, or participating in an ATD program, taking action with the help of an experienced immigration attorney can significantly improve your chances of staying in the U.S. Don’t give up hope—there are options available, and with the right support, you can work toward a positive outcome.
FAQs
1. How long can ICE detain someone?
ICE can detain someone indefinitely while they await the outcome of their immigration court case. However, regular reviews of detention status are required, and some individuals may be eligible for release on bond or through an Alternative to Detention (ATD) program.
2. Can I get out of ICE detention if I am an asylum seeker?
Yes, asylum seekers may be eligible for release from immigration detention. You can request a bond hearing or participate in an Alternative to Detention program. It’s essential to work with an experienced immigration attorney to improve your chances of release.
3. What are the conditions like in ICE detention centers?
Conditions in detention centers can be poor, with reports of overcrowding, inadequate medical care, and limited access to legal representation. Human rights organizations have raised concerns about these conditions, calling for reform and more humane treatment.
4. What is mandatory detention?
Mandatory detention refers to cases where ICE is required by law to detain someone without the option of release. This typically applies to individuals with certain criminal convictions or those considered a flight risk or danger to the community.
5. How can I appeal a deportation order?
If an immigration judge orders your deportation, you have the right to file an appeal with the Board of Immigration Appeals (BIA). This process allows you to challenge the judge’s decision and potentially avoid deportation. Consult with an experienced immigration lawyer to file your appeal properly.