In recent months, the number of immigration arrests has increased sharply. This affects all categories: from individuals who entered on parole and are awaiting court, to those who filed applications such as U4U but nevertheless ended up in detention. The situation is developing rapidly, and it is critical to be prepared in advance.
What should you do if you expect an arrest?
First — find a reliable representative on the outside: an attorney, a relative, or a friend who can represent your interests. This person must have copies of all your documents — passport (all pages), ID, and immigration paperwork. Store everything in the cloud. Set up two-factor authentication: add a second email, backup codes, and remove reliance on SMS. The representative must know your A-number, know how to use the ICE Locator, have your attorney’s contact information, and be ready to act.
Second — clearly define your long-term strategy. What do you want: to remain in the United States, return later, or leave voluntarily? What backup plans exist? Study the information, consult with an attorney, and create a checklist. If there is any criminal component in your case, hiring an attorney is mandatory. A competent lawyer can help even if your financial resources are limited. University law clinics often provide free or low-cost consultations. Monitor changes in the law and record the dates when you verify legal updates.
Third — formulate a short-term strategy. Is release on bond possible? Is it worth spending time pursuing it? Are you considered an “arriving alien,” or have you already been admitted? Is there a reason to expedite the case? Are you and your attorney ready? Should a habeas petition be filed? Evaluate your resources and realistically assess your chances to avoid mistakes.
Fourth — collect and transfer as much evidence as possible in advance: declarations, certificates, letters, medical records, court orders, and similar materials. This applies to all categories of cases — asylum, criminal matters, family petitions, naturalization, cancellation of removal. This is especially critical if bond may be available: prepare motions, identify sponsors, and consider the possibility of obtaining credit if necessary.
Fifth — think through day-to-day and organizational matters. Designate a person responsible for children and dependents and execute the necessary powers of attorney. Notify schools and medical institutions. Appoint a trusted person to manage finances, property, and business affairs. Decide who will control access to funds, vehicles, and housing. In the event of deportation, determine who will be authorized to sell property and transfer funds.
If departure becomes unavoidable
Clarify the possibility of departing to a third country. Renew your passport if it has expired. Leaving the United States on your own may prevent detention, but it may also result in a bar to reentry. Even voluntary departure does not eliminate consequences — for example, a ten-year bar for unlawful presence, bans related to fraudulent documents, criminal convictions, medical grounds, prior deportations, and other issues.
Nevertheless, if you are awaiting an individual asylum hearing, you may contact ICE and request permission for voluntary departure. If approved, ICE will file a joint motion with the court. This is possible even at later stages of a case, including when a person is already in detention. The safeways procedure may be used: someone on the outside purchases a ticket, and the individual is escorted directly to the aircraft.
Common problems in detention
1. It is often unclear where the detainee is being transferred. Frequently, neither the police nor facility staff know the final destination. In some cases, a person passes through several facilities, and locating them can take several days.
2. Establishing communication with the detainee can take from one day to a week. Different facilities use different communication systems.
3. Scheduled calls are frequently disrupted. Clients may be brought hours early, hours late, or not brought at all.
4. Problems with sending documents: non-functioning fax machines and administrative issues result in significant delays.
5. Legal complications: transfer to another jurisdiction requires refiling bond motions, severing cases from family members, and changes in venue.
6. In detention, what could be done in a week often takes a month. Without prepared evidence and assistance from someone on the outside, the case is often effectively lost.
7. Personal hardships: the shock of arrest, lack of medical care, lack of information, and lack of contact with family. Language barriers interfere with understanding procedures and decisions. Conditions of confinement worsen the situation: overcrowding, unsanitary conditions, lack of privacy, and constant stress.
Procedural errors are also possible: missed deadlines, lost notices, and improperly prepared documents. In detention, such errors are difficult to identify and nearly impossible to fix promptly.
Detention is not an abstract threat — it is a reality
In this situation, outcomes are determined not by luck or emotion, but by preparation, strategy, documentation, access to the outside world, and professional assistance. Everything that can be done in advance should be done. If there is a risk — act immediately.
Comments or suggestions?
Contact Gleb Paserba or
Alexander A. Krasnyanskiy.
January 6, 2026