What to Do if You Are Detained by ICE in Massachusetts
If a loved one has been detained by Immigration and Customs Enforcement (ICE) in Massachusetts, the immediate priority is to locate them.
You will need their Alien Registration Number (A-Number) and full biographical information, as transfers to facilities like the Plymouth County Correctional Facility or even out-of-state centers may happen within hours.
The first 72 hours are a crucial window. During this time, the detainee must understand and assert their right to remain silent and, most importantly, refuse to sign any voluntary departure forms. These documents effectively waive their right to a hearing before a judge.
This process is complicated because ICE detention is technically a civil matter, not a criminal one, yet it functions much like incarceration. Many individuals held have no criminal record and are simply awaiting administrative proceedings to determine their status.
However, detention does not automatically equal deportation. There are legal pathways to secure a person’s release and fight their case from home, including bond hearings, parole requests, and various applications for relief from removal. The system is cumbersome, but it contains procedures that are used to protect your family member.
If you have a question about a family member currently in ICE custody, speak with a Massachusetts immigration lawyer by calling us at (617) 245-8090.
Key Takeaways for Families of ICE Detainees in Massachusetts
- Locating your loved one is the immediate priority. Use the ICE Online Detainee Locator System with their A-Number or biographical details, as transfers to other facilities happen quickly and without notice.
- Do not sign any documents without legal review. ICE officers may present voluntary departure forms that waive the right to a court hearing, which could lead to immediate deportation.
- Release from detention is possible but requires a strong legal case. Many detainees are eligible for a bond hearing or parole, which involves proving community ties and that they are not a flight risk.
Locating a Detainee: The First Step After an Arrest
When someone is taken into custody by the Department of Homeland Security (DHS), the silence and lack of information are the primary sources of fear. Families frequently contact local police departments, only to learn the person is not in their system.
Where Are They Taken in Massachusetts?
In Massachusetts, ICE primarily utilizes the Plymouth County Correctional Facility through a formal agreement to house detainees. While Bristol County was once a major hub, the operational landscape has shifted, making Plymouth the main ICE detention site within the Commonwealth. However, a person’s location is not guaranteed.
Due to fluctuating populations and bed space availability, detainees are frequently transferred out of state with little to no notice. These transfers might be to neighboring states like New Hampshire or facilities much further away. This makes locating them quickly an absolute priority.
How to Find Someone in ICE Custody
Follow these steps to locate your family member:
- Use the ICE Online Locator System: This is the official and most direct tool. You are able to access the Online Detainee Locator System (ODLS) from any computer. It is available in multiple languages and is designed for families and legal representatives to find people in ICE custody.
- Search by A-Number: The Alien Registration Number is a unique identifier that starts with an ‘A’ followed by eight or nine digits. This is the most accurate way to search. Look for this number on any previous immigration documents, such as visas, work permits, or correspondence from USCIS. If the A-Number has fewer than nine digits, add zeros to the beginning to meet the requirement.
- Search by Biographical Information: If you do not have the A-Number, you may search using their full name, country of birth, and date of birth. Try different spellings, as the name in the system must match what an officer entered during intake.
- Contact Facilities Directly: The online locator may not be updated for up to 24-48 hours after an arrest. If the search yields no results, you might consider calling the Plymouth County Correctional Facility directly at (508) 830-6200. You may also contact the Boston ICE ERO Field Office for more information. When you call, have all biographical information ready.
Understanding ICE Detainers and Massachusetts Law
Many families mistakenly assume that local police and federal immigration agents are part of the same organization. This confusion leads to a deep-seated fear of interacting with any law enforcement, even for reporting crimes or attending local court matters.
What Is an ICE Detainer?
An ICE detainer, officially known as Form I-247, is not an arrest warrant. It is a formal request from ICE to a local jail or state prison. The detainer asks the local agency to hold a person for up to 48 hours (excluding weekends and holidays) beyond the time they would otherwise be released. This extra time is requested to give ICE agents a window to arrive and take custody of the individual.
The Lunn v. Commonwealth Precedent
This is where Massachusetts law provides a layer of protection. In 2017, the Massachusetts Supreme Judicial Court (SJC) made a landmark ruling in the case of Lunn v. Commonwealth. The court held that Massachusetts law enforcement officers and court officials have no authority to hold a person solely based on a civil ICE detainer.
In other words, holding someone for ICE is considered a new arrest, and state law does not grant local police the power to make arrests for federal civil immigration violations. If state criminal charges are dismissed, or if bail is posted, the person cannot be kept in jail just because ICE has sent a detainer request.
However, this ruling does not mean all cooperation ceases. The SJC’s decision distinguishes between detention and notification. Law enforcement agencies still notify ICE of a person’s scheduled release time. If ICE agents are physically present at the courthouse or jail when the person is released from state custody, they may still make an arrest in a public space. This is why having legal counsel prepared to act at the moment of release is so essential.
Securing Release: Bond Hearings and Parole
Being detained does not mean a person must remain in custody until their immigration court case is finished. The U.S. immigration system allows for release pending a final decision, but the process requires proving to the government that the person is not a flight risk or a danger to the community. The detainee and their family must provide the evidence to meet this standard.
Who Is Eligible for a Bond Hearing?
Under Section 236 of the Immigration and Nationality Act (INA), many individuals are eligible for a bond hearing before an immigration judge. At this hearing, an Immigration Judge at the Boston Immigration Court will weigh two primary factors:
- Risk of Flight: Will the person attend all future court hearings?
- Danger to the Community: Does the person pose a threat to public safety?
To secure release, the detainee must prove they are rooted in the community. This involves presenting evidence of strong family ties in Massachusetts, a stable address, a history of employment, and other positive equities. Having an experienced immigration attorney present a clear, organized case is invaluable, as the initial bond hearing is the best opportunity for release.
What About Parole?
For some individuals, particularly those classified as arriving aliens under INA § 235(b), a bond hearing before a judge might not be an option. These individuals are subject to expedited removal proceedings and are generally not entitled to a bond hearing.
In these situations, the only path to release is typically a request for humanitarian parole made directly to ICE. This is a discretionary form of release granted by DHS officials, not a judge. Parole is usually granted for urgent humanitarian reasons or when there is a significant public benefit. Demonstrating a serious medical condition or other compelling circumstances is necessary.
What Families Can Do Right Now
If your loved one has been detained, we recommend you begin gathering documents immediately. This evidence is needed to build a strong case for bond or parole. Start collecting:
- Letters of Support: From family members, employers, community leaders, and clergy.
- Proof of Address: Utility bills, lease agreements, or mortgage statements.
- Family Ties: Birth certificates of U.S. citizen children, marriage certificates.
- Financial Stability: Tax records, pay stubs, and bank statements.
Mandatory Detention and the Risk of “No Threat” Incarceration
Not everyone detained by ICE is eligible for a bond hearing. The law includes provisions that strip an immigration judge of the ability to grant release for certain individuals. This is known as mandatory detention.
The rules for mandatory detention are found in INA § 236(c). This statute requires ICE to detain non-citizens who have been convicted of a wide range of crimes. This includes not only serious felonies but also certain older or seemingly minor offenses. The law is rigid, and once a person is classified under this section, a judge cannot consider their community ties or whether they are actually a danger.
This strict legal framework contrasts with the reality of the detainee population. A WBUR analysis of data from Syracuse University’s TRAC research center found that 85% of individuals detained at the Plymouth County jail between a recent one-year period were classified by ICE as posing “no threat.” Many are held not because they are dangerous, but because they fall into a rigid statutory category or are unable to pay a bond that has been set too high.
In some cases, when detention becomes prolonged—typically lasting longer than six months—it may be possible to challenge the ongoing confinement in federal court through a Petition for a Writ of Habeas Corpus. This legal action argues that the indefinite detention has become unconstitutional and seeks to compel the government to provide a bond hearing.
Protecting Rights from Inside the Facility
Once a person is detained, they will face significant pressure. Officers may try to persuade them to give up their case. The detainee and their family must understand their fundamental rights during this time.
Do Not Sign Voluntary Departure
Detainees are frequently presented with forms, such as Form I-210, and encouraged to sign for voluntary departure. This is framed as an easier, faster way to resolve their situation. It is not.
Signing a voluntary departure order is a waiver of rights. It surrenders the ability to see an immigration judge, to apply for asylum, cancellation of removal, or any other defense against deportation. The consequence is immediate removal from the United States with no recourse. The detainee has the right to refuse to sign any document they do not fully understand and to have it reviewed by a lawyer.
The Right to Counsel
In immigration court, unlike in criminal proceedings, the government is not required to provide a lawyer free of charge. However, a person has the absolute right to hire a private attorney. The facility must allow them to make phone calls to seek legal representation. Setting up communication with an attorney is a priority, as they can begin preparing for the bond hearing and advise on how to answer, or not answer, questions from officers.
Warning: All Calls Are Monitored
All phone calls from detention centers, except for properly arranged legal calls, are recorded and monitored by ICE. Do not discuss the details of an immigration case or past criminal history over the phone. These recordings are often used by DHS attorneys as evidence against the person in immigration court.
FAQ for Massachusetts ICE Detention
Can ICE enter my home in Massachusetts to arrest someone?
To legally enter your home, ICE agents generally need a judicial warrant signed by a judge. They may present an administrative warrant (like a Form I-200), but this document alone does not give them the right to enter without your consent. If agents do not have a judicial warrant, you have the right to refuse to open the door.
What happens if my family member is transferred to another state?
This is common. When a detainee is moved, their legal case usually transfers to the immigration court with jurisdiction over the new facility. This may require finding a lawyer licensed in that state or one who practices in that specific court. It is sometimes possible to request a change of venue to move the case back to Boston, but this is not guaranteed.
How do I pay an immigration bond?
An immigration bond must be paid in full at a designated ICE ERO office, like the one in Burlington, MA. Unlike in criminal court, you cannot pay a small percentage. The person paying the bond (the obligor) must be a U.S. citizen or Legal Permanent Resident with valid status and identification.
Can a Green Card holder be detained?
Yes. A Lawful Permanent Resident may be placed in removal proceedings and detained if they have committed certain types of crimes. The list of deportable offenses is long and complicated, and a conviction might trigger detention even years after the fact.
Will the Massachusetts State Police help ICE?
The relationship is complicated. Due to the Lunn v. Commonwealth decision, state and local police cannot hold people on civil ICE detainers.
However, information sharing still occurs, and state agencies do cooperate with federal law enforcement on criminal matters. Governor Maura Healey has stated that Massachusetts is not a sanctuary state and will assist in holding accountable those who commit crimes, regardless of immigration status.
You Have Rights. We’re Here to Help Enforce Them.
The fear that comes with a loved one sitting in an ICE detention cell is paralyzing. However, inaction is the biggest risk. The immigration system is built on difficult procedures, and it relies on families being too confused or frightened to utilize the safeguards that exist.
Detention is not the end of the road. It is the beginning of a legal process where residency, family ties, and individual rights are successfully defended.
Our practice focuses on intervening during those first few days. We handle bond hearings and guide families through the difficult process of the Boston Immigration Court to fight for your family’s unity.
If you need immediate assistance with a detention matter, do not wait. Call Brooks Law Firm at (617) 245-8090.
