Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
Detained by ICE — Know Your Rights
Key Takeaways
- You have the right to remain silent and the right to speak with an attorney
- You may be eligible for a bond hearing to be released while your case proceeds
- Do not sign any documents without understanding them and consulting an attorney
- Family members should contact an immigration attorney immediately
Your Rights During ICE Detention
Even while detained, you retain fundamental legal rights. You have the right to remain silent and not answer questions about your immigration status. You have the right to contact an attorney and to make phone calls. You have the right to a bond hearing in many cases. You have the right to refuse to sign any document you do not understand.
Bond Hearings
Many detained individuals are eligible for a bond hearing before an immigration judge. At the hearing, the judge considers whether you are a flight risk or a danger to the community. If bond is granted, you can be released while your removal case proceeds. Bond amounts in immigration cases typically range from $1,500 to $25,000 or more.
If a Family Member Is Detained
- Find out where they are being held — use the ICE Online Detainee Locator System
- Contact an immigration attorney immediately
- Gather important documents: identification, immigration paperwork, evidence of community ties
- Do not provide information to ICE about the detained person’s immigration history without attorney guidance
Bay Legal PC — Removal Defense Attorneys
Bay Legal PC in Palo Alto handles removal defense cases throughout California. Free initial consultations available.
Get a Free Consultation →Frequently Asked Questions
How much is immigration bond?
Bond amounts vary from $1,500 to $25,000+ depending on flight risk and danger to community. An immigration judge sets the amount at a bond hearing.
Can ICE hold someone indefinitely?
Generally no. Individuals in removal proceedings are entitled to bond hearings. However, certain categories (aggravated felons, terrorism suspects) may face mandatory detention without bond.
Can I visit someone in ICE detention?
Yes, most ICE facilities have visitation hours. Contact the specific facility for their visitation schedule and rules.
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