What Happens After an Immigration Arrest

When an immigration arrest happens, it can be distressing and traumatizing. Whether you're worried about what might happen in the future or are currently dealing with an arrest or its aftermath, knowing what happens next can help. 

This guide provides some basic information about immigration arrests and what happens afterward. For more information, see the articles linked throughout. 

In Oregon, only federal immigration officials can make immigration arrests. It is against Oregon law for local police and sheriffs to help enforce immigration law. You can learn more about how Oregon's laws prevent cooperation with immigration enforcement here.

What happens if someone is arrested by an immigration officer?

Most immigration arrests in Oregon are made by officers with Immigration and Customs Enforcement (ICE). These officers can arrest someone if they think the person has broken an immigration law and could be deported. 

What happens after someone is arrested depends on that person's situation, including whether they:

• Have a criminal history (if they've been arrested or convicted of crimes in the past), 
• Have been ordered deported before, or 
• Could qualify to stay in the United States under existing laws.

A person arrested by ICE may be deported very quickly, or it could be the start of an immigration court case that can last anywhere from months to years. If successful in their court case, the person may be allowed to legally stay in the United States. If not, they may be ordered deported. Learn more about deportation cases in this article.

It's important to know that just because ICE arrests someone doesn't mean they will be deported.

After an arrest, the person may be released or held.

In most cases, ICE's first decision after arresting someone is whether to release them or take them to a detention center. 

• An ICE officer may decide to release or hold someone based on their criminal history and community ties.  
• In some cases, however, the law says that ICE cannot release someone and must continue to hold them. This is usually because the person has certain criminal convictions or has been ordered deported in the past. 
• If ICE does not release the person, they will be taken to a detention center, which is like a prison or jail but for people facing deportation. 
• Most people held by ICE are sent to the Northwest Detention Center in Tacoma, Washington. Later in this article, read more about the detention center, including how to contact someone there.

If they are released: 

In many cases, ICE can release someone to live at home while their immigration case goes forward. ICE can release them if they believe that the person is not a danger to the community and can be counted on to show up to their court dates.

When released, the person should get a paper called a "Notice to Appear" that has important information about their case. 

• The Notice to Appear will say why ICE is trying to deport them.
• It should also have the date, time, and location of their first court hearing. A hearing is a time when someone will go in front of a judge to talk about their case. 
• Sometimes, however, the hearing information on the Notice to Appear is blank or not correct. 
• It is always good to confirm when and where a hearing is, even if you think you know. You can do this by calling the immigration court hotline or checking online. You can call the immigration court hotline at 1-800-898-7180. You can check online here.

After being released, the person must follow certain rules, check in regularly with ICE, and go to all their court hearings. If they miss a court date, the judge could order the person to be deported. Some people may also have to wear a device on their ankle that tells ICE where they are.

What happens if someone is not released after an immigration arrest?

If ICE does not release someone, they will usually be taken to the nearest ICE office and held for a few hours or overnight. From there, their case may go one of two ways: they may be deported very quickly, or they may have a chance to fight their deportation in immigration court. 

1. Rapid deportation:

Some people get put into a quicker deportation process with fewer rights and little or no chance of seeing an immigration judge. 

• This can happen if they have certain criminal convictions or have been ordered deported in the past.
• It also may happen if someone entered the country unlawfully and cannot prove that they have been in the United States for more than two years. This is called expedited removal. 
  • This type of deportation has recently been expanded and is being used more often. 
  • You can read more in our updated article on expedited removal here.

2. Immigration court in detention:

If a person isn't put into rapid deportation, they will be held in an immigration detention center and have an immigration court case where they will have the chance to talk to a judge. They can be represented by a lawyer if they have one and may apply to remain in the United States if they meet the requirements. 

Asking to get out of detention:

The person may be able to ask an immigration judge to release them. This is done in a bond hearing, which is a time in court when someone can ask to be released. To be released, the person must convince the judge that they aren't a danger to their community and can be counted on to show up for all their court dates.   

• Generally, people only have one chance to have a bond hearing, so it's important to talk to a lawyer before asking for one. 
• There are free and low-cost legal services available for people in the Northwest Detention Center in Tacoma, Washington. 
• The Equity Corps of Oregon (ECO) provides free legal representation for people held at the Northwest Detention Center. See how to contact ECO here.

If the person is not released, they will have their immigration court hearings either by video or inside a courtroom at the detention center. 

If the person is released, their deportation case will be transferred to an immigration court near where they live, and they will have to check in regularly with ICE.  

How to find someone after they have been arrested by ICE

There are no immigration detention centers in Oregon. Most people held by ICE are taken to the Northwest Detention Center in Tacoma, Washington.   

If you are trying to find someone who was arrested by ICE, you can try calling the Tacoma detention center at 253-779-6000. You can also search for them using ICE's Online Detainee Locator. 

People are sometimes held overnight at a local ICE office before being sent to a detention center. It may take a day or two before you can find them in the detainee locator. Find the address and contact information for ICE's main Oregon office here. 

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