What Happens After Someone is Arrested By Immigration

For many, immigration arrests are a source of fear and uncertainty. When an immigration arrest happens, it can be distressing and traumatizing. Whether you’re worried about what might happen in the future or you are currently dealing with an arrest or its aftermath, understanding the process can help. 

This guide provides some basic information about immigration arrests and what happens next. Find more information in additional articles linked throughout this guide. 

What happens if someone is arrested by an immigration officer?

In Oregon, only federal immigration officials can make immigration arrests. Most are made by officers with Immigration and Customs Enforcement (ICE). It is against the law in Oregon for local police and sheriffs to arrest people for immigration issues or to help federal immigration authorities. 

You can learn more about how Oregon's laws prevent cooperation with immigration enforcement here.

ICE officers can arrest someone if they think the person has broken an immigration law and could be deported. 

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

What happens after someone is arrested depends on many factors, including whether the person has a criminal history (they've been arrested or convicted of crimes in the past), has been ordered deported before, or would qualify to remain in the United States under existing laws.

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

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

• An officer may decide whether to release or hold someone based on their criminal history and community ties.
• In some cases, however, the law says that ICE must continue to hold them, usually due to certain criminal convictions or a deportation order. In this case, the person will be taken to a detention center, typically the Northwest Detention Center in Tacoma, Washington. Later in this article, read more about the detention center, including how to contact it. 

If they are released: 

If ICE lets the person go after an arrest, they will have a court date for their deportation case. This case will be in immigration court with a judge, and they may have a chance to apply to stay in the U.S.

When released, they might get a paper called a “Notice to Appear.” This includes information about why ICE believes the person broke the law and usually has the date, time, and place of their first court hearing. However, the hearing information is sometimes blank or not correct, so it is always good to confirm by calling the immigration court hotline or checking online. 

Learn more about deportation cases, including how to confirm your immigration court information, by going 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 an ankle monitor so ICE knows where they are.

What happens if someone is not released after they are arrested?

If ICE does not release someone, they will usually be taken first to the nearest ICE office and held for a short time. From there, their case may go one of two ways:

1. Rapid deportation

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

• This can happen if they have certain criminal convictions or have been ordered deported in the past. This is called administrative removal.
• It also may happen if someone cannot prove they have been in the United States for at least two years and have legal status. This is called expedited removal.  

2. Immigration court in detention

If a person isn't put into one of the rapid deportation processes, they will be held in an immigration detention center and will 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 where someone can ask for their release by showing:

• That they aren't a flight risk (meaning they would show up for their court dates if released) and 
• They aren't a danger to the community (this is often based on criminal history).   

Generally, people only have one chance to have a bond hearing. That's why it is very 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 to eligible immigrants and prioritizes people who are being held in detention. Find ECO's contact information here.

If the person is not released, they will continue their case while detained, speaking to an immigration judge either by video or inside a courtroom built inside 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

Currently, there are no immigration detention centers in Oregon. Most people who ICE does not release are taken to the Northwest ICE Processing 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 for them to show up in the detainee locator. Find the address and contact information for ICE's main Oregon office here. 

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