As of October 2025, ICE operations have increased once again.

 

Detentions are no longer limited to border areas. They now occur inside the United States, including homes, workplaces, and even during traffic stops.

 

In the past, “Protected Areas” such as schools, hospitals, and places of worship were considered safe zones. However, this protection was removed at the beginning of 2025. ICE can now conduct operations near these areas as well.

 

Many of those being detained have no criminal record. Even individuals whose visas have expired or whose asylum applications have been denied may become targets.

 

In some cases, due to system errors, even U.S. citizens have been detained temporarily.

 

The situation is clear: ICE raids have increased, and it is impossible to predict who will be targeted.

 

Knowing your rights and acting calmly is now more important than ever.

 

 

ICE is a powerful agency, but its powers are not unlimited.

 

Regardless of your immigration status, every person in the United States has certain fundamental rights.

 

If ICE agents come to your home and show an “administrative warrant,” understand that this is not a judge’s order. Without a judge’s signature, they do not have the right to enter your home.

 

You can ask, “Do you have a judge-signed warrant?” If not, you are not required to open the door.

 

You always have the right to say: “I choose to remain silent. I want to talk to my lawyer.”

 

Do not sign any documents without consulting your attorney, especially “voluntary departure” forms.

 

If asked for identification, you only need to provide your name and state that you wish to speak with your attorney. You are not required to answer further questions.

 

 

For many families, the most difficult moment is the first few hours after an ICE arrest when they do not know where their loved one has been taken.

 

The first step is to visit the ICE Detainee Locator website. You can search using the person’s full name, date of birth, or A-Number.

 

Then, contact an immigration attorney immediately. Provide the detention location, date, and A-Number.

 

Take detailed notes about the time, the names of officers, and their behavior. All of this can become important evidence later.

 

If there are children or dependents involved, prepare temporary guardianship papers to protect the family in case the process takes longer than expected.

 

3. Ways to Be Released from ICE Detention

 

This is the most critical section. Many people ask: “If ICE takes someone, how long will they stay? Can they be released?”

 

The answer depends on the case, but there are several main legal paths available.

 

 

When ICE detains someone, the first question is usually: “Can they be released on bond?”

 

In 2025, this has become more complicated.

 

Not everyone has the right to a bond hearing anymore. Previously, attorneys could request a hearing and show that their client was not a flight risk and did not pose a danger to the community.

 

Now, for those who entered the country without inspection or who are classified as “arriving aliens,” the right to a bond hearing has been removed in most cases.

 

These individuals can only be released under ICE or DHS discretionary “parole.”

 

If the person entered legally but later lost status, they may still be eligible for a bond hearing.

 

During the hearing, the attorney must demonstrate that the person has a stable address, strong family or community ties, a clean criminal record, and no risk of absconding.

 

If the judge is convinced, they will set a bond amount, and the person can be released.

 

However, ICE may issue a “no bond” decision, which in some cases cannot be changed by a judge.

 

This is why it is crucial for an attorney to act immediately during the first days of detention.

 

 

If a person has a final removal order and ICE is preparing to carry it out, there is still an option.

 

Your attorney can file a Stay of Removal (Form I-246) to temporarily stop the deportation.

 

This decision is entirely discretionary, but it is often granted in cases where:

•There is a pending asylum application

•A new Motion to Reopen is being prepared

•There are urgent family or medical circumstances

 

ICE will review the person’s criminal record, family ties, and community connections before deciding.

 

If approved, deportation is delayed for 30 days to 6 months. This period is extremely valuable for your attorney to take new legal steps.

 

A well-prepared Stay of Removal can be a powerful tool for gaining time and protecting your case.

 

 

Many immigrants believe that once their case is denied, everything is over. That is not true.

 

A Motion to Reopen (MTR) can reverse a removal order when new evidence appears or a procedural error occurred.

 

If you missed your hearing because of illness, improper notice, or lack of legal representation, your attorney can request that your case be reopened.

 

If granted, the case starts again as if it had never been closed.

 

An MTR is particularly effective when:

•New and significant evidence has been discovered

•There was an error in notification

•A serious emergency prevented attendance

•The person was unrepresented by counsel at the time

 

This motion is usually filed within 90 days of the final order.

 

A successful Motion to Reopen can truly change a person’s life.

 

 

Prosecutorial Discretion (PD) allows ICE attorneys to decide not to pursue deportation in certain cases.

 

This is not an amnesty but rather a temporary non-enforcement decision.

 

If a person has U.S. citizen family members, no criminal record, and strong community ties, the government may decide to close the case.

 

However, as of 2025, PD has been significantly restricted. Decisions now depend entirely on the Office of the Principal Legal Advisor (OPLA), which represents ICE in immigration courts.

 

In some states, PD is still used; in others, it is nearly unavailable.

 

In qualifying cases such as those involving U.S. citizen children or long-term residents PD can still be an effective option.

 

When PD is granted, the person is usually required to check in with ICE periodically, but deportation is suspended. They can continue working and living normally.

 

PD is no longer a right; it is a discretionary privilege granted by government attorneys.

 

 

Due to system mistakes, even U.S. citizens and lawful permanent residents can be detained. This often happens because of name similarities, outdated records, or incorrect data.

 

For example, two people with the same date of birth may have their information mixed up, or an old deportation order may still appear active in the system.

 

In such cases, the attorney immediately intervenes and provides official documents such as a citizenship certificate, green card, passport, or USCIS approval notice to prove the mistake.

 

Once ICE receives the correct documentation, the person is usually released quickly.

 

If someone is wrongfully held for an extended period, they may also have the right to file a federal lawsuit for damages, including loss of liberty and emotional distress.

 

In these cases, attorneys can hold the government accountable for the violation and seek financial compensation.

 

 

An attorney’s intervention can completely change the outcome of an ICE arrest or detention.

 

Attorneys can:

•Communicate directly with ICE to correct wrongful detentions

•File Bond, Stay of Removal, and Motion to Reopen applications promptly

•Negotiate with ICE prosecutors to close or dismiss cases

•File federal compensation claims in cases of unlawful detention

 

Knowledge Is Stronger Than Fear

 

ICE raids create fear, but accurate information is more powerful than panic.

 

Know your rights. Keep your documents organized.

 

Remember: the right information, the right legal representation, and the right timing can save lives.

 

Okanlaw Is Here for You

 

In an era where ICE operations and immigration policies are increasingly complex and unpredictable, proper legal representation is vital.

 

At Okanlaw, we provide strong, experienced support in every stage of this process:

•Emergency Response: Immediate action within the first 72 hours of detention, including location tracking and legal intervention

•Detention and Release: Legal representation in bond hearings, parole requests, and ICE detention matters

•Deportation Defense: Preparation and filing of Stay of Removal and Motion to Reopen applications

•Wrongful Detentions: Rapid legal response and management of federal compensation claims for unlawful or mistaken arrests

 

You are not alone. Contact our experienced immigration attorneys today to protect your rights and take the first step toward safety and stability.