The Difference Between a Detained & Non-Detained Immigration Arrest

If you fear getting detained from ICE and deported to your country of origin, it is vital to understand how ICE works and what the process is after getting detained. However, there are some cases when non-U.S. citizens aren’t detained and released from ICE. Our immigration attorneys explain the difference between a detained and non-detained immigration arrest.

Distinguishing “Detained” Vs. “Non-Detained” Arrest by Immigration

ICE’s Enforcement and Removal Operations (ERO) division is in charge of overseeing the nation’s civil immigration detention system. They ultimately determine whether a non-U.S. citizen should remain detained or non-detained.

• Detained: If Immigration officials believe that a person needs to remain under custodial supervision, they place them in a detention facility where they are “detained.”
• Non-Detained: Individuals who are released from secure custody or after paying bond are “non-detained.” Non-Detained individuals are still obligated to attend court hearings and appointments with ICE.

A person can get released from a detention center if they are able to post bail to ensure that ICE will be able to locate them throughout their entire immigration court proceeding. Even after being detained, the ERO continues to closely monitor detained and non-detained cases until the judge’s order.

What To Do If You Are Detained by Immigration

Individuals who are detained by Immigration officials have certain rights. It is important that you know your rights and ways that you can protect your case. 

• Exercise your right to remain silent. Do not discuss your case, do not share information about your background with immigration officials without an attorney present. 
• Ask to speak to an attorney immediately. The government will not provide one for you
• Do not sign anything without consulting an attorney. You could be signing away your rights.  

Take action immediately by contacting an attorney.

Challenging an Immigration Detention

If ICE decides to keep an individual in custody or sets a bond that they can’t afford, a person can ask the immigration judge to order a release or a reduction of the bond amount. You may present your case orally, in writing, or at the immigration court’s discretion. However, you should seek counsel with an immigration attorney before challenging your immigration detention. An attorney can analyze your case and can help you determine what is best for the overall outcome.

Dallas Immigration Lawyers:

If you or your loved one have been detained by ICE, there is a possibility to get released or to reinstate yourself to become a permanent resident. Our team at Perdomo Dorsett Immigration Law is dedicated to helping families throughout Dallas with their removal and deportation cases. We know that deportation cases are overwhelming and daunting. That is why we are here to help you from beginning to end.

Contact our Dallas deportation defense attorneys today at to schedule a consultation!