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If You Are Detained

Basic tips for parents facing detention

Try to get released

First things first. If you are worried about who will care for your children, tell Immigration and Customs Enforcement (ICE) that you have children and ask to be released so you can care for them. It may be helpful to mention the ICE detained parents directive when making this request. 

Tell ICE about your children if they are US citizens or lawful permanent residents. If your child or the person caring for them is undocumented, telling ICE may place them at risk of detention and deportation.

If you are concerned about the welfare of your children, tell ICE that you need to make a phone call right away to make sure they are being cared for properly. If you need to make more than one phone call, ask ICE or detention center staff. You can also ask to speak to a Custody and Resource Coordinator in case one is available at your detention center.

You should always ask ICE and detention center staff for assistance in doing the things you need to do to reunite with your children. If you are not satisfied with the response you get from them, or they are not providing you with the help you need, you may call the ICE Detention Reporting and Information Line (DRIL) at 888-351-4024 (9116# from inside detention), or have a relative or friend contact the ICE Field Office in the area where you are being detained.

If you’re not released, follow these steps from detention

Contact your consulate and let them know about your situation, unless there is a reason you do not want your government to know where you are. They may be able to help you with any child custody concerns. Contact information for consulates should be available in your housing pod, but if it is not, ask ICE or detention center staff. Calls to your consulate should be free, even if you do not have funds in your account.

Stay in touch with your children. Your efforts to communicate with and visit with your children are very important evidence that you want to maintain a relationship with them. In order to keep your parental rights, you will need to show evidence of your relationship with your children and your commitment to their well-being. This is very important if you want to have input in decisions that are made for your children.

If you were separated from your children at the border

If you were separated from your children at the border, your children may be in the custody of the Office of Refugee Resettlement (ORR), a US government agency. ORR cares for immigrant children who enter the United States alone or who are separated from their parents or guardians. For help finding or contacting your children, you may call the ICE Detention Reporting and Information Line (DRIL) at 888-351-4024 (9116# from ICE detention) or ORR at 800-203- 7001 (699# from ICE detention). 

You may be able to designate a relative or friend who is not detained to receive updates on when your location or your children’s location changes. Ask your Deportation Officer for more information. If you were separated from your children at the border and ICE or the detention facility stands in the way of your ability to reunite with your children, you may call the American Civil Liberties Union (ACLU) at 646-905-8892 or email familyseparation@aclu.org

If you were separated from a US citizen or lawful permanent resident child at the border, your child may be in the care of a state child welfare agency. Consult the information [JUMP LINK to Find out if your children are in the child welfare system] to locate your child and to participate in state child welfare proceedings.