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Immigration·February 28, 2026·6 min read

A family member was detained by ICE. What to do in the first 72 hours.

The earliest stage of immigration detention is also the highest-leverage one. A practical checklist, in the sequence it actually matters.

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Carmen Gallardo
Founding Partner

The 72 hours after an ICE detention are disproportionately important. Bond eligibility, transfer decisions, and initial custody determinations all happen in this window — and the evidence that protects the detainee is evidence that has to be gathered fast.

Hour 0–24: Locate and confirm

  1. 01Use the ICE Online Detainee Locator System — enter the A-number or name + country of birth.
  2. 02If they just arrived in the system, try again every hour; the database lags by several hours after booking.
  3. 03Note the facility, the facility phone, and — critically — the attorney-visit schedule.
  4. 04Do not post cash bail without reviewing whether bond eligibility exists at all. Mandatory detention categories exist.

Hour 24–48: Gather documents

  • Every prior USCIS filing (I-130, I-485, I-751, etc.) — approval notices, receipts, RFEs.
  • Court records of any prior criminal case, including disposition documents.
  • Tax returns for the last 3 years.
  • Proof of U.S. ties: marriage certificates, children's birth certificates, mortgage or lease, utility bills, employer letter.
  • Medical records demonstrating hardship to U.S.-citizen or LPR family members.

Hour 48–72: Prepare for bond

Bond hearings in many jurisdictions are scheduled quickly. Counsel needs the document package ready, letters of support drafted, and sponsors briefed. A bond hearing is not a trial on the merits — it is a custody determination based on flight risk and danger to the community. Everything that rebuts those factors belongs in the record.

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Carmen Gallardo
Founding Partner
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