Detention and Custody After Apprehension

Upon apprehension by ICE, or after being transferred from other law enforcement agencies (such as Customs and Border Protection, CBP), individuals are typically processed and a custody determination is made. This process dictates where and how an individual will be held while their immigration case is pending.

Types of Detention Facilities

ICE utilizes a variety of facilities to house individuals in its custody, operating under different arrangements:

• ICE-Owned Service Processing Centers (SPCs): These facilities are directly owned and operated by ICE. Examples include the Florence Service Processing Center in Arizona or the Batavia Service Processing Center in New York.

• Contracted Detention Facilities: ICE contracts with private companies to operate many immigration detention centers. These facilities are run by private entities but house ICE detainees.

• Intergovernmental Service Agreements (IGSAs): ICE also enters into agreements with state and local governments, including county jails, to house immigration detainees. In these arrangements, local correctional facilities provide bed space for ICE.

The standards of care and oversight can vary depending on the type of facility and the specific contractual agreements. ICE aims to house detainees within the geographical areas of their arrests to facilitate access to family, friends, and legal representation.

The Detention Process

After an individual is taken into ICE custody, several steps typically follow:

• Processing and Custody Determination: Individuals undergo fingerprinting, interviewing, and processing. Within 48 hours (unless exceptional circumstances exist), ICE must make a custody determination, deciding whether to detain the individual or release them under supervision.

• Mandatory Detention: Certain individuals, particularly those with specific criminal convictions, may be subject to mandatory detention under the Immigration and Nationality Act, meaning ICE generally cannot release them.

• Release Options: For those not subject to mandatory detention, ICE may consider release on:

  • Bond: A monetary amount paid to secure release, similar to bail in criminal cases. Bond amounts can vary significantly.

  • Order of Supervision (OSUP): Release with specific conditions, such as electronic monitoring (e.g., GPS ankle monitors), regular check-ins, or travel restrictions.

  • Parole: Permission to reside in the U.S. for a finite period, often with conditions.

• Immigration Court Proceedings: Detained individuals are typically placed in removal proceedings before an immigration judge. They may request a bond hearing to seek release or a reduction in bond amount.

• Unaccompanied Children: Unaccompanied children (under 18) are generally not held in ICE detention facilities. Instead, CBP is required to transfer them to the custody of the U.S. Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) within 72 hours, where they are placed in shelters or other care facilities.

The decision to detain or release is made on a case-by-case basis, considering factors such as flight risk, public safety threat, national security concerns, and humanitarian considerations (e.g., serious medical conditions, primary caregivers of children).