It is a phone call that no one ever expects to receive. You are going about your day when you find out your spouse, someone who has played by the rules and holds a valid green card, has been picked up and detained by Immigration and Customs Enforcement (ICE). The shock is immediate, and the fear can be paralyzing. You might feel like the ground has been pulled out from under you, wondering how this is even legal. During this frantic time, reaching out to the right professionals, like the Banks & Brower immigration lawyers, can be the first step toward regaining your footing and bringing your loved one back home where they belong. When facing a spouses ICE Detention, having proper legal guidance is essential for a fair process and securing your spouse’s release.
Understanding Why Green Card Holders Get Detained
A common misconception is that a green card makes someone immune to ICE. In reality, Lawful Permanent Residents (LPRs) can still be detained if the government believes they have committed an act that forfeits their right to remain. This often stems from old criminal records, even minor ones from years ago, or issues that arise when returning from international travel. Sometimes, it is simply a case of mistaken identity or an administrative error.
Regardless of the reason, the law provides green card holders with significant rights. Unlike people without status, LPRs generally have a right to a hearing before an immigration judge. They cannot just be put on a plane and sent away without due process. Knowing this is the first step in fighting back against what feels like an illegal or unjust detention.
Immediate Steps to Take After an Arrest
The first few hours are the most chaotic, but you need to act fast. Start by locating exactly where your spouse is being held. You can use the ICE Online Detainee Locator System, though it can take a day or two to update. You will need their “A-Number” (Alien Registration Number), which is found on their green card. If you do not have that, their full name, date of birth, and country of birth can also work.
Once you know where they are, tell your spouse one thing: do not sign anything. ICE officers may present documents that appear to be standard paperwork but are actually “voluntary departure” forms. Signing these means giving up the right to stay in the U.S. and consenting to deportation. Advise them to politely state that they wish to speak with an attorney and that they will not answer questions until one is present.
The Power of a Bond Hearing
The goal is to get your spouse out of a cell and back into your living room while the legal case proceeds. Most green card holders are eligible for a bond hearing. During this hearing, a judge decides if the person is a danger to the community or a flight risk.
This is where you come in. You will need to gather “equity” evidence to show the judge. This includes marriage certificates, your children’s birth certificates, letters from employers, and proof of community involvement. You are building a portfolio that proves your spouse is a vital part of American society. A successful bond hearing means they can fight their immigration case from the comfort of home rather than a detention center.
Dealing with the Emotional Toll
It is easy to get lost in the legal jargon and the paperwork, but do not ignore the emotional weight of this situation. Your family is in crisis. Reach out to friends, family, or support groups who understand the unique stress of immigration issues. The system is designed to be intimidating, but you do not have to navigate it in isolation. Staying strong for your spouse is easier when you have a support system of your own.
Fighting for Their Future
A detention is not the end of the story. Many people face these proceedings and come out the other side with their green cards intact. It requires a lot of patience, a mountain of evidence, and a refusal to give up. The government has to prove that your spouse is deportable; they do not just get to decide it and make it so. By challenging the detention and presenting a strong defense, you are asserting your spouse’s right to live their life in the country they call home.
Final Word
The road ahead is rarely easy, but you can walk it with the right support and information. If you find yourself in the middle of this nightmare, remember that you have the right to fight for your family’s unity. Consulting with experts such as the Banks & Brower immigration lawyers can provide you with the clarity and legal strategy needed to navigate these complex waters and work toward a favorable resolution for your spouse.
