Illegal immigrants in US: Does detention lead to automatic deportation?

US Immigration Customs and Enforcement (ICE) is authorised to arrest individuals suspected of immigration violations

US President Donald Trump has intensified efforts to deport undocumented immigrants, with 332 Indians already removed as of March 7, 2025. According to US Citizenship and Immigration Services (USCIS), more than 18,000 Indians remain in the country without legal status. However, estimates vary widely. Pew Research Center and the Center for Migration Studies of New York placed the number at 700,000 in 2022, while the Migration Policy Institute estimated 375,000.

 

What happens when Immigration Customs and Enforcement (ICE), a federal government agency responsible for enforcing immigration law within the US and at its borders, detains an immigrant? Does it lead to automatic deportation?

 

 

Not necessarily! says legal expert.

 

"Being detained doesn’t always mean you’ll be deported—you still have rights and legal options. Some people qualify for bond, while others may be eligible for asylum, cancellation of removal, or adjustment of status," said Abhisha Parikh, a US-based immigration attorney, in a social media post on Thursday.

 

"If you have a deportation order, removal can happen quickly. But if this is your first time in proceedings, you have the right to fight your case before a judge," she said.

 

Parikh advised: "Most important: Don’t sign anything without legal advice! Contact an immigration attorney immediately."

 

Who can be arrested by ICE?

 

ICE is authorised to arrest individuals suspected of immigration violations, including:

 

Individuals in the US without legal status

Individuals with a criminal record or pending charges, in addition to their unlawful status

Individuals with a final order of removal

Individuals deemed a threat to public safety or national security

 

ICE may also target lawful permanent residents and refugees if they have committed certain crimes.

 

What affects the likelihood of deportation?

 

According to guidelines from North Suburban Legal Aid Clinic, outcomes depend on several factors:

 

First-time detainees: If not already in immigration proceedings, ICE will issue a Notice to Appear (NTA) before an immigration judge. Detainees can apply for legal relief and may seek release on bond.

Ongoing immigration cases: Detainees with active cases will have their hearings moved to a court near the detention centre, allowing them to present evidence and continue legal challenges.

Final deportation orders: Those with existing removal orders may face expedited deportation, requiring urgent legal consultation.

Recent arrivals: Individuals unable to prove at least two years of continuous residence may be placed in expedited removal, bypassing a court hearing.

 

Rising arrests and deportations

 

US Border Patrol arrested 8,300 migrants at the southern border in February, Trump said on Truth Social over the weekend.

 

According to ICE data published on Wednesday, arrests of non-criminal immigrants increased by 334% from mid-January to late February. As of late February, ICE had nearly 44,000 immigrants in detention, exceeding its funded capacity of 41,500.

 

Trump’s administration deported 37,660 people in his first month in office. However, according to The Wall Street Journal, the administration has halted the use of military aircraft for deportations, citing high costs and inefficiencies. The report found that three deportation flights to India each cost $3 million (Rs 30 lakh), while some flights to Guantanamo Bay transported as few as 12 individuals at a cost of at least $20,000 per migrant.

 

What to do if stopped by ICE

 

Parikh offers these recommendations:

 

1. Remain calm. Do not run.

2. Ask if you are free to leave. If so, walk away calmly.

3. Ask to see their badge. ICE agents sometimes wear uniforms marked "Police."

4. You have the right to remain silent. Anything you say can be used against you.

5. Do not physically resist or reach for belongings without permission.

6. You can refuse searches of your car, house, phone, or person unless ICE has a judicial warrant.

7. You do not have to disclose your immigration status or provide documents.

8. US citizens do not have to carry proof of citizenship.

9. If you lack immigration documents, you can refuse to answer questions and request a lawyer.

10. ICE cannot detain you solely based on race or ethnicity.

11. Make a plan with family and memorise important phone numbers in case of arrest.

12. Never sign documents without consulting a lawyer.

 

If arrested:

 

- Request a lawyer

- Remain silent

- Say nothing else