What Happens After an ICE Arrest

“In our last video, we talked about what to do when ICE knocks on your door. Today, we’re taking it one step further. What happens after an arrest? What rights do you have, and what is the deportation process really like?

The truth is, deportation does not happen overnight—despite what the media and politicians want you to believe. In most cases, you have rights and legal options! But it’s crucial that you understand them.

Let’s break it down.”

1. Do You Have a Right to a Hearing?

“Many people assume that once ICE arrests them, they will be deported immediately. That’s simply not true for most people.  Most immigrants have the right to a hearing before an immigration judge—this means you get a chance to fight your case before being removed.

However, there are exceptions:

• If you are caught within 100 miles of the border and have been in the U.S. for less than 14 days, you may be placed in expedited removal without a hearing.
• If you have a prior removal order, ICE may try to reinstate it, but you still may have an opportunity to challenge it if you fear returning to your home country.

If ICE tries to deport you without a hearing, demand to speak to an immigration attorney immediately!”

2. The Immigration Court Process: What Happens Next?

“If you’re detained, your case will go through Immigration Court—a system separate from criminal courts with different rules. Here’s how it works:

Step 1: The Notice to Appear (NTA)

• ICE must give you a document called a Notice to Appear (NTA).
• This tells you why the government wants to deport you and when your first court date is.

Step 2: The Master Calendar Hearing

• This is a brief, initial hearing in front of an immigration judge.
• The judge will inform you of your rights- such as the right to be represented by an attorney at your own expense- and ask how you want to proceed.
• If you don’t have an attorney, you can ask for more time to find one.

Warning: If you don’t show up, the judge can order your deportation in absentia (without you there).

Step 3: The Individual Hearing

• This is your full court trial where you can present evidence, call witnesses, and argue why you should stay in the U.S.
• The government lawyer will argue against you.
• At the end, the judge decides whether you can stay or must be removed.

Step 4: Appeals (If Necessary)

• If the judge rules against you, you can appeal to the Board of Immigration Appeals (BIA) within 30 days. But, you will not be able to add evidence to the existing record.
• You may even take your case to a federal court if needed!”

3. Can You Get Out of Detention? The Bond Hearing

“If ICE detains you, you might be eligible for bond, which means paying a set amount to be released while your case is pending.

Important facts about bond:

• Not everyone qualifies for bond.
• If you have serious criminal convictions, you might be subject to mandatory detention (meaning no bond).
• If you qualify, your family or friends can pay the bond and help you get out.

A bond hearing is your chance to show the judge that you are not a flight risk and not a danger to the community. Having an attorney and evidence of your family ties, work history, and community support can make a big difference!”

4. Mass Deportation Flights & Expanded Detention Policies

“You might have seen news footage of non-citizens being loaded onto military planes and deported en masse. So, who are these people?  Most of them are non-citizens who already had final removal orders before the Trump administration but were not deported because their home countries refused to take them back.

Now, under new policies, the administration is pressuring these countries to accept deportees.  At the same time, the administration has expanded who is subject to mandatory detention and is finding third countries to hold people indefinitely, including places such as Guantánamo Bay, El Salvador, Panama, and most recently, Costa Rica and Honduras.

Why? Because when people are detained, their cases move faster—which means fewer chances to get legal help or fight deportation. 

But remember: Just because ICE detains you doesn’t mean you will be deported immediately! You may still have legal options, and that’s why it’s crucial to seek legal help.”

5. Final Thoughts: What You Can Do NOW

“If you or a loved one is detained by ICE, remember these key points:

• You may have the right to a hearing before a judge.
• If detained, ask for a bond hearing as soon as possible.
• Do not sign any papers without talking to an immigration lawyer.
• If ICE tries to deport you immediately, express fear of persecution—you may qualify for asylum!

Most importantly, get legal help and contact us at Lavy Law.

Also, subscribe to my channel HERE for more updates on immigration law and policies!”