Immigrants & Immigration

Immigration and Customs Enforcement (ICE) is the agency that holds people in immigration detention. The Chicago ICE field office oversees all immigrants who are arrested and detained in:

• Illinois,
• Indiana,
• Wisconsin,
• Missouri,
• Kansas, and
• Kentucky. 

When ICE arrests an immigrant in one of these states, it first takes him or her to the closest ICE field office. They may be processed at one location and transferred to one or more facilities during their detention. Note that Illinois does not have any federal detention facilities in this state. Anyone who is arrested by ICE in Illinois will be transferred to a detention facility outside of Illinois. Read how to find someone who may be in immigration detention.

It depends. Some people must stay in detention if they have been convicted of certain crimes, or are charged as an “arriving alien” by US Immigration and Customs Enforcement (ICE). Others may not have to stay in custody. If a person does not have to stay in custody, they may be able to pay money, called a bond, to be released. A bond is meant to make sure the person goes to their hearings and follows the instructions of the judge and ICE.

If the bond is paid, the money will be returned to the person who paid it as long as the immigrant attends every court date and follows all instructions, even if the immigrant is deported. An immigration bond must be paid in full in one payment. It cannot be paid in installments. Read more about immigration bonds.

Sometimes people in detention are offered something called a stipulated removal. This means they agree in writing to be deported without seeing an immigration judge. Sample stipulated removal.

If someone signs a stipulated removal order, they give up their right to a hearing. They also accept a removal order against them. This is true even if they might have been eligible to stay in the United States or return legally in the future. The results can be serious. In some cases, a person may never be able to return to the United States. In other cases, trying to come back after deportation could be a federal crime.

Some people sign a stipulated removal order because they want to get out of detention quickly. But signing means giving up their immigration case and their due process rights. There may be other ways to leave detention without giving up these rights. For example, posting an immigration bond allows a person to leave detention and still continue their case. An immigration lawyer can explain the options and help someone understand the risks of signing a stipulated removal. 

Important: Signing a stipulated removal is permanent. Once signed, it cannot be undone.

If they were arrested by Illinois police, no. In Illinois, the TRUST Act is a law that stops local law enforcement from helping Immigration and Customs Enforcement (ICE). Illinois police cannot give anyone in their custody over to immigration officials. Police also can’t respond to any immigration agent's questions.

No, in most cases they will not be directly deported. Most people have the right to a removal hearing before they are deported. The judge will make the final decision if they should be deported or allowed to stay in the US.

Some people can be deported quickly, without seeing a judge, if they:

• Left the US after a removal order and re-entered again,
• Never left the US after a judge ordered them removed or after granting them voluntary departure, or
• Have committed a serious crime and are not a lawful permanent resident with a green card.

People who have lived in the United States without legal status for two years or less may also be deported quickly without seeing a judge. This is a process called expedited removal. Read more about expedited removal.

Yes. If the person went to their removal hearing, they may be able to appeal the judge’s decision. They must do this within 30 days of the order.

If the person missed their hearing, the judge may have ordered deportation because they did not show up. In that case, the person may be able to ask the court to reopen the case. This can be done if:

• They never got notice of the hearing or
• They missed the hearing because of exceptional circumstances, such as a serious illness, the death of a close family member, or another emergency beyond their control.

A case may also be reopened for other reasons, such as if the person was a survivor of domestic violence. These steps are complicated. It is important to get help from an immigration lawyer or a legal aid organization.

No. A person can give up their right to a removal hearing and agree to be deported. This is called signing a waiver.

Even if they sign, deportation may not happen right away. Authorities can keep a person in detention for up to a month before deporting them.

It is important to have the name and phone number of an immigration lawyer. Detention centers may not provide a list of attorneys or phone numbers. A lawyer can explain if the person has legal options they do not know about. Before signing any papers, a person should talk with an immigration lawyer. If they choose to have a removal hearing, they can later change their mind and ask to be deported instead.

Important: Signing a waiver of a hearing is permanent. It cannot be undone and may affect a person’s future ability to return to the United States.

Yes. Immigration officials must give the person a written Notice of Intent to Issue a Final Administrative Removal Order (Form I-851) if they want to deport them without a hearing. This notice explains the reasons for deportation.

If the person does not agree with those reasons, they must respond in writing. The response should explain why they disagree. The deadline is:

• 10 days if the person was given the notice in person, or
• 13 days if the notice was mailed.

Important: If the person does not respond to the Notice of Intent by the deadline, the deportation order will likely become final. It is best to get help from an immigration lawyer or a legal aid organization with this process.

If you are detained by immigration officials, it is important to find a lawyer who regularly handles removal cases. These cases are very challenging, even for experienced lawyers. One way to find a good immigration lawyer is by contacting the American Immigration Lawyers Association (AILA) referral service.

If you can’t afford to pay a lawyer, you can contact one of these organizations:

1. National Immigrant Justice Center (NIJC)
   • Detained immigrants: call NIJC collect at (312) 583-9721 or use the pro bono platform and NIJC’s 3-digit code, 565.
   • For family members calling from outside of detention: (773) 672-6599; Fax: (312) 660-1505 on Tuesdays from 11:00 a.m. to 2:00 p.m.
   • In-person appointments are available by appointment only:
     • National Immigrant Justice Center -  111 W. Jackson Blvd., Suite 800, Chicago, Illinois
     • Heartland Human Care Services - 5715 W. Belmont Ave., Chicago, Illinois
     • National Immigrant Justice Center – Indiana Office - 110 E. Washington St., Goshen, Indiana
   • Asylum seekers in removal proceedings, call the Immigration Court Helpdesk at (312) 660-1328
2. Immigrant Justice - The Resurrection Project
   • Immigrant Justice is offering workshops for immigrants in Illinois who are impacted by deportation or seeking to apply for specific immigration statuses.
     • Loved ones of detained people can fill out a form to request help.
     • Non-detained people in immigration proceedings can complete an application to sign up for an immigration application workshop.
   • To learn more and better understand immigrants’ options and protections, you can register for a virtual "Know Your Rights" session.
3. Use the Get Legal Help tool to find additional legal aid organizations that may be able to help.
4. Cook County residents: The Cook County Public Defender's Immigration Division helps non-citizens in Cook County with deportation cases. To get help, email [email protected] or call (312) 603-0636 on Wednesdays between 9 a.m. and 11 a.m.
   • Non-detained: You may qualify for free legal help if you or a loved one has a case in Chicago Immigration Court and has been represented by the Cook County Public Defender in another case.
   • Detained: Free legal help is available for non-citizens in ICE custody who have ties to Cook County and a case in Chicago Immigration Court.

If you need nonlegal help, contact the Illinois Coalition for Immigrant and Refugee Rights (ICIRR) by phone: (855) HELP-MY-FAMILY, or (855) 435-7693. This hotline is staffed by non-legal volunteers who will try to help you with your non-legal questions.