When a family member is arrested by U.S. Immigration and Customs Enforcement in Dallas, the first several hours can be extremely confusing.
Where did ICE take them?
Can they get a bond?
When will they see an immigration judge?
Can their family visit them?
Can ICE transfer them somewhere outside Dallas?
And perhaps most importantly:
How do you get them out?
The answers depend heavily on the person’s immigration history, criminal history, prior removal orders, manner of entry, and the legal authority ICE is using to detain them.
But there are several things Dallas-Fort Worth families should understand immediately.
If a family member has been detained, The Piri Law Firm handles immigration habeas corpus and ICE detention cases involving detained immigrants in North Texas.
Quick Answer: What Happens After an ICE Arrest in Dallas?
After an ICE arrest, the person may be processed by ICE and placed into immigration detention while the government determines how the immigration case will proceed.
The person may then be transferred to an ICE detention facility.
That facility does not necessarily have to be in Dallas.
ICE currently lists multiple Texas detention facilities under its Dallas Field Office, including Prairieland Detention Facility in Alvarado and facilities considerably farther from Dallas.
Depending on the case, the next stages may involve:
- ICE processing and custody determination
- Transfer to a detention facility
- Immigration court proceedings
- A possible request for bond or release
- Removal proceedings or enforcement of an existing removal order
- Administrative appeals
- In some cases, federal habeas corpus litigation challenging detention
The exact path can vary dramatically from one detainee to another.
Step 1: ICE Takes the Person Into Immigration Custody
An ICE arrest can happen in several different circumstances.
For example, ICE may take someone into custody:
- Following an encounter with immigration officers
- At an ICE check-in
- After release from a local jail
- Following an arrest by another law-enforcement agency
- At a home or workplace
- After ICE identifies an existing immigration order
- Under another immigration enforcement process
The reason for the arrest matters because it can affect what happens next.
Someone who has never been in removal proceedings may be in a very different legal position from someone with a prior final removal order.
Likewise, someone detained while an immigration case is pending may face different detention rules than someone ICE is attempting to remove under an existing final order.
Step 2: ICE Processes the Detainee
After the arrest, ICE processes the person into immigration custody.
Family members may not immediately know where the detainee has been taken.
This can be particularly stressful during the first hours after an arrest.
A person can be moved from the location of arrest to an ICE processing location and eventually to a detention facility.
The detainee’s location may therefore change.
That is why families should begin collecting identifying information immediately.
What Information Should the Family Gather?
Try to locate the person’s:
- Full legal name
- A-Number
- Date of birth
- Country of birth
- Passport or immigration documents
- Previous immigration court paperwork
- Notice to Appear
- Prior removal orders
- Bond paperwork
- USCIS notices
- Criminal court records, if applicable
- Information about previous immigration attorneys
The A-Number is particularly useful.
It is the identification number immigration agencies use to track many immigration records.
If you can find an old immigration document containing the A-Number, locating the detainee and reviewing the case can become significantly easier.
Step 3: Find Out Where ICE Took Them
ICE operates an Online Detainee Locator System.
The system can search using an A-Number and country of birth. It can also search by exact biographical information.
ICE specifically recommends using the A-Number search when the number is known.
ICE Online Detainee Locator System
One important limitation is that a newly arrested person may not necessarily appear instantaneously.
Processing and transfers can take time.
If the person does not appear immediately, that does not necessarily mean ICE does not have them.
What If the ICE Locator Does Not Find Them?
First, verify the information carefully.
ICE’s locator states that name searches require the first and last names to be an exact match. Hyphenated names must also be entered correctly.
Try the A-Number if you have it.
Also check whether:
- A surname was entered differently
- The person uses multiple surnames
- A hyphenated name was omitted
- The birth country is incorrect
- The A-Number needs leading zeros
ICE also provides its Detention Reporting and Information Line for certain detention inquiries.
Step 4: ICE May Transfer the Person Away From Dallas
This surprises many families.
Someone arrested in Dallas does not necessarily remain physically detained in Dallas.
ICE’s Dallas Field Office has responsibility for a broad geographic region. ICE currently states that the Dallas reporting office covers North Texas, East Texas, and Texas Panhandle cases.
ICE’s detention-facility listings show facilities under the Dallas Field Office in several Texas locations.
One particularly relevant North Texas facility is Prairieland Detention Facility in Alvarado, south of the Dallas-Fort Worth area.
Other Dallas Field Office facilities are much farther away.
A transfer can affect family visitation, attorney access, and which immigration court has jurisdiction over certain custody proceedings.
Prairieland Detention Facility
Prairieland Detention Facility is located at:
1209 Sunflower Lane
Alvarado, Texas 76009
ICE lists the facility under its Dallas Field Office.
ICE states that families seeking information about a detainee housed there can contact the facility and should have identifying information available, including the person’s full name, aliases, date of birth, and country of birth.
Because detention locations and procedures can change, families should verify the current facility before traveling.
Step 5: Determine Why ICE Is Holding the Person
Finding the detainee is only the beginning.
The next question is:
Under what legal authority is ICE detaining them?
This can determine whether a traditional immigration bond hearing is available.
An attorney may need to investigate:
- How the person entered the United States
- Current immigration status
- Whether removal proceedings are pending
- Whether a final removal order already exists
- Prior immigration proceedings
- Criminal history
- Previous deportations
- Pending applications
- Whether mandatory detention rules are alleged to apply
- How long the person has already been detained
Two people arrested by ICE on the same day can have completely different legal options.
Step 6: Determine Whether Immigration Bond Is Available
Some ICE detainees may be eligible to ask an immigration judge for a bond.
Others may fall into categories where the immigration judge does not have ordinary bond jurisdiction.
When an immigration judge has bond jurisdiction, EOIR states that a request for a bond hearing can be made and that there is no filing fee simply to request the bond hearing.
The immigration court generally considers issues relating to whether release is legally permissible and whether the person presents concerns such as danger or failure to appear.
Evidence can become extremely important.
What Can Help at an Immigration Bond Hearing?
Depending on the case, counsel may present evidence concerning:
- Family relationships in the United States
- Residence in Dallas-Fort Worth
- Employment history
- Community connections
- Immigration history
- Criminal record
- Rehabilitation
- Financial support
- A place to live after release
- Pending immigration relief
- History of appearing for court proceedings
The goal is not simply to tell the judge that the family wants the person home.
The attorney needs to address the legal requirements governing release.
What If ICE Says the Person Cannot Get a Bond?
That does not necessarily answer every possible detention question.
Certain immigration statutes require detention in circumstances where ordinary immigration bond may not be available.
Other detainees may face disputes about whether the government has correctly classified them.
And prolonged detention can sometimes raise separate statutory or constitutional issues.
That is where federal court litigation may become important.
Step 7: When Does Immigration Habeas Corpus Become Relevant?
A petition for writ of habeas corpus asks a federal court to examine the legality of a person’s detention.
Immigration habeas litigation is fundamentally different from asking an immigration judge for ordinary bond.
The federal case can challenge whether continued detention is lawful under federal statutes or the Constitution.
Depending on the circumstances, habeas issues may involve:
- Prolonged immigration detention
- Detention without an adequate opportunity for custody review
- Disputes over the statutory authority for detention
- Post-removal-order detention
- Due-process concerns
- Other allegedly unlawful detention
Habeas corpus does not automatically apply simply because someone has been detained by ICE.
The legal basis for custody and procedural history must be examined carefully.
Learn more about immigration habeas corpus representation in Dallas-Fort Worth.
Immigration Bond and Habeas Corpus Are Not the Same Thing
This distinction is important.
An immigration bond proceeding generally occurs within the immigration adjudication system when an immigration judge has jurisdiction to review custody.
An immigration habeas petition is filed in federal district court and challenges the legality of detention.
A detainee may potentially have:
- A bond option
- A habeas option
- Both at different stages
- Neither, depending on the facts and law
The correct approach begins with identifying exactly why the government is holding the person.
Step 8: Determine Whether There Is an Existing Immigration Court Case
Families should also determine whether the detainee already has immigration court proceedings.
EOIR maintains an Automated Case Information system that provides basic information about certain immigration court and BIA cases.
EOIR Automated Case Information
The system generally requires the person’s A-Number and nationality.
EOIR cautions that the online system does not display every case or every piece of information and that official court documents remain controlling.
Step 9: Removal Proceedings May Begin or Continue
If the person does not already have a final removal order, detention may occur while removal proceedings are pending.
The government may allege that the person is removable under federal immigration law.
Depending on the circumstances, the person may potentially pursue defenses or applications for relief.
These can include, where legally available:
- Asylum
- Withholding of removal
- Convention Against Torture protection
- Cancellation of removal
- Adjustment of status
- Waivers
- Other forms of immigration relief
Eligibility depends on the individual facts.
What If the Immigration Judge Denies the Case?
A detained immigrant may have the right to appeal a qualifying immigration judge decision to the Board of Immigration Appeals.
The Piri Law Firm also handles BIA appeals.
A direct appeal from many immigration judge decisions generally must be received by the BIA within 30 calendar days.
For more information, read our guide to the BIA appeal deadline.
What If the Person Already Has a Removal Order?
This can change the situation substantially.
If ICE arrests someone who already has a final removal order, the government may be preparing to execute that order rather than initiating a completely new removal case.
An attorney should immediately determine:
- When the removal order was entered
- Whether it was entered in absentia
- Whether the person received notice
- Whether an appeal occurred
- Whether reopening may be available
- Whether circumstances have materially changed
- Whether there are barriers to removal
- Whether a stay should be sought
- Whether detention itself can be challenged
Time can be especially important in these cases because ICE may already have legal authority to pursue removal.
What If the Person Never Knew About the Removal Order?
Sometimes a person learns after being detained that an immigration judge entered an in absentia removal order years earlier.
That does not automatically mean the order can be erased.
But immigration law contains specific rules allowing certain in absentia orders to be challenged through motions to reopen.
Possible issues can include lack of notice or qualifying exceptional circumstances.
An attorney should obtain the immigration court record rather than relying solely on the detainee’s recollection of what happened years earlier.
Can ICE Detain Someone With a Pending Immigration Application?
Potentially.
Having a pending immigration application does not necessarily prevent ICE detention.
The effect of the application depends on:
- What was filed
- The person’s underlying status
- Immigration history
- Whether removal proceedings exist
- Whether there is a final order
- The particular statutory detention authority
The existence of a pending USCIS filing therefore needs to be evaluated together with the rest of the immigration history.
Can the Family Visit Someone in ICE Detention?
Visitation depends on the facility.
ICE publishes facility-specific information concerning visitation, legal visits, telephone communication, mail, and other procedures.
For example, ICE’s Prairieland page provides facility-specific information concerning contacting detainees and visitation.
Families should verify current procedures directly with the facility before traveling because operational rules can change.
Can a Detainee Call Their Family?
Communication rules also depend on the facility.
At Prairieland, ICE states that detainees cannot receive incoming telephone calls. For an urgent message, the facility provides a process through which family members can leave identifying and callback information so the message can be delivered to the detainee.
This is another reason knowing the correct detention facility matters.
What Families Should Do Immediately After an ICE Arrest
The first day should be focused on information and preservation of options.
Find the A-Number. Search old immigration paperwork, work-permit documents, court notices, USCIS notices, and prior attorney files.
Locate the detainee. Use ICE’s Online Detainee Locator and continue checking if the arrest was very recent.
Gather immigration records. Find prior court decisions, Notices to Appear, USCIS receipts, removal paperwork, passports, and applications.
Gather criminal records if relevant. Do not rely solely on someone’s memory of what happened in an old criminal case.
Document the arrest. Record when and where ICE took the person and what paperwork was left behind.
Contact immigration counsel quickly. The attorney needs enough time to determine the legal basis for detention and whether bond, habeas corpus, removal defense, reopening, or another remedy should be pursued.
What Families Should Avoid Doing
Families should also avoid making the situation more difficult.
Do not send original immigration documents to a detention facility unless counsel determines that is appropriate.
Do not assume something a friend experienced in another immigration case will apply to this detainee.
Do not assume the detainee automatically qualifies for bond.
And do not wait several weeks simply because the person has not yet received an immigration court hearing.
Detention issues can become more complicated as the case progresses.
Why Dallas ICE Detention Cases Can Quickly Become Federal Cases
Immigration detention sits at the intersection of administrative immigration law and federal constitutional law.
The removal case itself may proceed before an immigration judge.
An appeal may go to the BIA.
But a challenge to allegedly unlawful detention may proceed in federal district court through habeas corpus.
That is why ICE detention cases can require a different strategy from ordinary family-based immigration matters.
The attorney may need to evaluate several proceedings simultaneously.
ICE Detention in Dallas and Fort Worth
ICE’s Dallas Field Office covers a large geographic area, and detention facilities associated with the office are not limited to Dallas itself.
A person arrested in Dallas or Fort Worth may therefore be moved outside the immediate metroplex.
For families, the most important first questions are usually:
Where is the person?
Why is ICE holding them?
Is bond available?
Is there already a removal order?
Can the detention itself be challenged?
Those answers determine what should happen next.
Frequently Asked Questions About ICE Arrests in Dallas
How do I find someone arrested by ICE in Dallas?
Use ICE’s Online Detainee Locator System. Searching by A-Number and country of birth is usually the most direct method when the A-Number is known.
Where does ICE take people arrested in Dallas?
There is no single destination for every detainee. ICE can process and transfer detainees to facilities within its detention network. Prairieland Detention Facility in Alvarado is one facility currently listed under ICE’s Dallas Field Office.
Can someone detained by ICE get a bond?
Some detainees may be eligible for an immigration bond hearing, while others may be subject to detention provisions that limit ordinary bond jurisdiction. The specific basis for detention must be reviewed.
How do you request an immigration bond hearing?
When the immigration judge has jurisdiction, EOIR permits a bond-hearing request and states that there is no filing fee merely to request the hearing.
What is immigration habeas corpus?
Immigration habeas corpus is a federal court procedure used in appropriate cases to challenge the legality of immigration detention.
Is habeas corpus the same as an immigration bond?
No. Bond generally involves custody review within the immigration adjudication system. Habeas corpus is a federal court action challenging detention.
Can ICE transfer someone away from Dallas?
Yes. A person arrested in Dallas can be transferred to another detention facility, including facilities outside the immediate Dallas-Fort Worth area.
What if the detainee already has a deportation order?
An attorney should immediately review the prior immigration proceedings, determine whether the order is final, and evaluate whether reopening, a stay, detention litigation, or another remedy may be available.
Talk to a Dallas-Fort Worth ICE Detention and Habeas Attorney
An ICE arrest can involve much more than simply waiting for an immigration court date.
The first task is determining where the person is being held and why.
From there, an attorney can evaluate whether the case involves immigration bond, removal defense, a prior removal order, a BIA appeal, federal habeas corpus, or another remedy.
The Piri Law Firm represents immigrants and families throughout North Texas in immigration habeas corpus and ICE detention matters.
Call (833) 600-0029 to discuss the detention.
This article provides general information and does not constitute legal advice. Immigration detention, bond jurisdiction, habeas corpus, removal proceedings, and release options depend on the facts and applicable law.
