what to do if a family member is detained by ice

If ICE detained your family member, your first instinct is probably panic. You’re wondering where they are, when you can see them, and whether they’ll be deported. You may have been told that there’s no bond hearing available; that your family member will be held indefinitely without a judge reviewing their case.

That’s changed. In June, July, and August 2026, federal appeals courts in three different circuits rejected the government’s policy of mandatory detention without bond hearings. According to the American Civil Liberties Union and the American Immigration Council, these decisions represent major victories for longtime residents facing detention. If your family member was arrested inside the United States (not at the border) after living here for months or years, these court decisions may mean the difference between continued detention and a real opportunity to get them released.

Here’s what you need to know and what to do right now.

Key Takeaways

If your family member entered without inspection but was arrested inside the U.S. (not at the border), they likely have the right to a bond hearing. Mandatory detention without a hearing is now illegal in most of the country.
Three major federal appeals courts (Tenth, Ninth, and Third Circuits) have rejected the government’s policy of holding longtime residents in detention without bond hearings.
The Tenth Circuit ruling directly applies to Utah, Colorado, Kansas, New Mexico, Oklahoma, and Wyoming.
A bond hearing is your chance to argue for your family member’s release based on family ties, employment, community roots, and lack of criminal history.
Time is critical: get legal help immediately. You have limited time to request a bond hearing and preserve your options.

What Changed: 2025 Policy & 2026 Court Rulings

For decades, the federal government applied different detention rules to different groups:

People caught at the border or port of entry were detained under one law (INA §235) with limited bond hearing options.
People arrested inside the U.S. were detained under a different law (INA §1226) that allows judges to consider releasing them on bond.

In July 2025, the government changed its interpretation. It started arguing that anyone who entered without inspection remained an “applicant for admission,” even if they’d lived here for 20 years, and could therefore be held in mandatory detention without a bond hearing.

The Board of Immigration Appeals adopted that position. The government began holding hundreds of people in detention without giving them any chance to ask a judge for release.

Three Major Courts Said No

On June 30, 2026, the Tenth Circuit Court of Appeals rejected this policy in a case called Santillan Quiroz v. Mullin.

Rigoberto Santillan Quiroz entered the U.S. in 2006, 20 years ago. He was married to a lawful permanent resident, helped support his family, and had no serious criminal history. ICE arrested him in November 2025 and tried to hold him in mandatory detention under the government’s new policy.

The Tenth Circuit held that someone arrested inside the country after living here for years isn’t perpetually “seeking admission.” The court said Santillan Quiroz was entitled to a bond hearing under the other law (§1226), not mandatory detention under the border law.

The Tenth Circuit reversed his detention and ordered the government to either give him a bond hearing within seven days or release him.

Because Utah is in the Tenth Circuit, this ruling directly applies to your family member’s case.

One month later, the Ninth Circuit reached the same conclusion in Rodriguez Vazquez v. Bostock. The Eighth Circuit affirmed similar reasoning in another case.

Then, on August 28, the Third Circuit joined in Buele Morocho v. Warden Philadelphia FDC. That court went further and said detention without a hearing also violates due process rights, particularly for people who’ve lived in the country for years and have established family and community ties.

What This Means for Your Family Member

The ruling doesn’t automatically release your family member. It establishes that they have a right to a bond hearing—a chance to ask a judge to release them while their immigration case proceeds. Understanding your family member’s rights is critical, especially if they may be getting deported or facing removal proceedings.

At the bond hearing, your family member can present evidence about:

Family and community ties (spouse, children, parents, siblings, long-term employment)
Length of residence in the U.S.
Employment history and current job
Compliance with prior immigration proceedings
Criminal history (or lack of it)
Eligibility for immigration relief
Ability and willingness to appear for future hearings
Whether they’re a danger to the community

A judge will then decide whether to release your family member on bond, on their own recognizance (no money required), with conditions, or hold them pending trial.

If your family member qualifies for release, this can mean:

Getting them out of detention immediately
Allowing them to return home and continue working
Allowing them to help care for children or other family members
Giving them time to prepare their immigration case with a lawyer

Important Limitations

These rulings help if your family member:

Entered without inspection
Lived inside the U.S. for a meaningful period
Was arrested by ICE away from the border
Wasn’t recently caught arriving

They generally don’t help if your family member:

Was recently encountered while arriving at the border
Is currently seeking admission at a port of entry
Has criminal convictions that trigger mandatory detention under other laws
Falls under the Laken Riley Act (which expanded mandatory detention for certain crimes)
Is detained after entry of a removal order

Every case requires an individualized review based on when and how your family member entered, where they were arrested, and what happened since. An immigration lawyer experienced in detention cases can evaluate whether the bond hearing ruling applies to your specific situation.

The Circuit Split (and Why It Matters)

Right now, courts are divided. Eight circuits have ruled that interior arrests require bond hearings. Two circuits (Fifth and Eighth) have accepted the government’s detention policy.

This creates a problem: your family member’s rights might depend on which circuit covers the place where they’re detained.

The Supreme Court is likely to review this issue soon. Petitions are already pending. This suggests the legal question will be resolved nationwide—but until then, location matters.

What to Do Right Now

1. Find out where your family member is detained

Different facilities are in different circuits. A detention center in Salt Lake City is in the Tenth Circuit, where the ruling applies. Call ICE, use the inmate locator tool, or contact your family member directly if they can call you.

2. Document your family member’s history

Gather information about:

When they arrived and how long they’ve been in the U.S.
Employment history and current job (get letters from employers if possible)
Family members in the U.S. who are U.S. citizens or permanent residents
Children and their ages
Community ties (church, school involvement, volunteer work)
Criminal history (or confirmation of no criminal record)
Any previous immigration proceedings or status
Any pending immigration benefits (marriage to a U.S. citizen, asylum claim, etc.)

3. Contact an immigration attorney immediately

You need someone who can:

Determine which circuit’s law applies to your family member
File a bond hearing request (called a habeas corpus petition or motion in immigration court)
Gather and organize evidence for the hearing
Represent your family member at the hearing
Preserve other legal arguments if needed
Discuss whether your family member qualifies for other immigration benefits that could help them move to the US or stay here legally

Time is critical. Some facilities move detainees quickly. An attorney needs to act fast.

4. Request a bond hearing

Depending on your family member’s situation, this happens through immigration court or federal district court. Your attorney will know which forum applies and how to request it.

5. Prepare for the hearing

Your attorney will advise you, but generally you’ll want:

Letters from employers confirming employment
Evidence of community ties (school enrollment, church records, medical records)
Letters of support from family members, employers, or community members
Financial records showing your family member can support themselves
Criminal background check (to prove no serious convictions)
Lease or mortgage documents showing residence
Photographs of family members together
Any evidence of eligibility for immigration relief

What If Your Family Member Is Already Detained in a State That Rejected the Ruling?

If your family member is detained in the Fifth or Eighth Circuit (where courts have accepted the government’s detention policy), the legal landscape is different—but not hopeless.

Supreme Court review is likely. The trend is strongly toward bond hearings. An experienced attorney can still argue for release based on other legal grounds, including constitutional arguments that are gaining traction in more courts.

Don’t give up based on circuit alone. Get a legal consultation.

This Is Urgent

Federal detention can mean your family member is moved, transferred, or deported quickly. The window for legal action closes fast.

If your family member is detained and told there’s no bond hearing available, that information is likely outdated. Courts in most of the country now say a bond hearing is required.

Richards & Richards Law Firm assists families with immigration detention, bond proceedings, removal defense, and federal court strategy. We can determine whether the recent appellate decisions apply to your family member’s case, identify the correct legal forum, and assemble the evidence necessary to seek release.

Your Family Member Was Detained by ICE. Here’s What to Do Right Now