ICE Procedure

If the detainee is in the custody of Immigration and Customs Enforcement.(ICE)

Once ICE has the detainee in their physical control, they will transfer them to a processing center. Once there, the detainee is allowed to make collect phone calls. Sometimes the family may visit them, but they will not be provided an attorney.

If the detainee is actually in custody, they will be assigned an "A" number, (the file number for their case). If the detainee has previously been in ICE custody, or they have a "Green Card"; meaning the detainee has established Legal Permanent Residence, the federal authorities may assign that same number to the case.

It is extremely helpful for us to have this "A" number, it is the number that we will use when talking with ICE to determine the detainee's current status. ICE has thousands of aliens in custody at any given time and they will not answer questions regarding a particular individual unless provided with the "A" number.
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The Investigation

The detainee's investigation by ICE can legally only last 48 hours, excluding weekends and holidays. However, in a small detention facility or office, the process could take even less time. The 48 hours could be extended for a variety of reasons, including the extent of the detainee's criminal record and lack of availability of the documents for the detainee.

An officer will interview the detainee to determine his/her legal right to be in the United States, their criminal record and the detainee's justification for remaining in the United States. At the conclusion of the interview, the officer may recommend that the detainee's bond be set at a certain amount. This recommendation is not official and Immigration Bonds Now can't define the bond amount on the detainee until the Notice To Appear (NTA) is issued. This will indicate the charges and the official bond amount.
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The Notice to Appear and Notice of Custody Determination

Once the investigation process has been completed, ICE will serve the detainee with the NTA (Notice To Appear) and will require him/her to sign the reverse side of the form. The Notice To Appear will have the following information: The "A" number, the detainee's name, how and where they initially entered the United States, any allegations made by ICE, and any violations of United States Law.

The detainee will also receive a second document to sign, which is called the Notice of Custody Determination (NCD). If a bond amount is indicated on the NCD, Immigration Bonds Now will be able to have him/her released from ICE custody.
Call us immediately toll-free at 877-269-2434.

If the NCD does not indicate a bond amount set by the ICE official indicated by "no bond" notation on this document, the detainee has the right to have an immigration judge set the bond amount. There may be up to a 10-day waiting period between the issuance of the NCD and the hearing before a judge.
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