Immigration detentions in Texas are a civil, not criminal, process in which federal agencies hold a person to ensure their attendance at immigration court hearings.
U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) takes the person into custody, processes them, and decides whether to release them on bond or keep them in a detention facility while their removal case proceeds.
The system is a complex maze of different agencies, court dates, and legal hurdles, and a person's freedom often depends on a fast and effective response from a Texas immigration lawyer.
When a loved one disappears into this system, you need clear answers about what is happening and the next steps.
The Government Agencies Involved in Texas Detentions
Three main federal government bodies have distinct roles in apprehending, detaining, and processing individuals in Texas. A person's journey through detention involves interactions with all of them.
U.S. Immigration and Customs Enforcement (ICE)
ICE is the primary agency responsible for enforcing immigration laws within the interior of the United States. It arrests, manages detention facilities, and ultimately executes removal orders.
When someone is arrested at their home, workplace, or following a local traffic stop in cities like Dallas or Houston, it’s usually ICE that takes them into custody.
ICE officers have the authority to process the detained person, investigate their immigration history, and decide on an initial custody determination. This means an ICE officer makes the first decision on whether to offer a bond for release.
The agency is also in charge of transporting individuals between detention centers across Texas's vast network of facilities.
U.S. Customs and Border Protection (CBP)
CBP is the agency responsible for security at the nation's borders and ports of entry. Its agents apprehend individuals attempting to enter the country without authorization between official entry points, such as along the Rio Grande Valley.
They also process people who present themselves at a port of entry to seek asylum. Individuals taken into custody by CBP are often held in short-term processing centers near the border before being transferred to long-term ICE detention.
CBP officers conduct initial screenings and are the first to create a record of the person's entry into the United States. The initial interactions a person has with CBP are a critical part of their future immigration case.
Executive Office for Immigration Review (EOIR)
The EOIR is a part of the Department of Justice and operates the nation’s immigration courts. This agency is separate from ICE and CBP. Its job is to handle the legal side of a person's case.
Here is what the EOIR does:
- Immigration Judges: These judges preside over removal proceedings to determine if a person has a legal right to remain in the United States.
- Bond Hearings: An immigration judge can review ICE's initial bond decision and has the power to set, reduce, or deny a bond.
- Case Adjudication: The judge hears legal arguments, reviews evidence, and makes a final decision on whether a person receives legal status, such as asylum, or is ordered removed from the country.
Finding a Person in ICE Custody
After an arrest, the first and most frantic question is: "Where are they?" The government provides a tool to help families find answers. The ICE Online Detainee Locator system is the primary way to find an adult who is in ICE custody.
To use the system, you need some basic information about the person. Providing an A-Number (Alien Registration Number) gives the most accurate results. If you don't have the A-Number, you are able to search by the person's full name, date of birth, and country of birth.
Information doesn’t always appear immediately after an arrest. It may take several hours or sometimes even a full day for the system to update after a person is processed into a detention facility.
If the locator doesn’t show a result, keep checking. An immigration lawyer's office also has experience using this system and often knows how to troubleshoot a search if you're not finding your loved one.
The Notice to Appear and the Start of Court Proceedings
Detention itself is not the legal case; it is the holding mechanism while the legal case unfolds. The case officially begins when the Department of Homeland Security (DHS) serves the detained person with a Notice to Appear (NTA).
The NTA is the official charging document in immigration court and contains:
- Personal Information: It lists the person’s name and country of citizenship.
- Allegations: It outlines why the government believes the person is removable from the United States, such as entering without authorization or violating the terms of a visa.
- Court Information: It orders the person to appear before an immigration judge on a specific date and time, often at a court located inside a Texas detention center.
Receiving an NTA is a serious legal event. It marks the formal beginning of removal proceedings. The person must respond to the allegations in the NTA and present a defense against removal in immigration court.
The Goal of Release: Understanding Immigration Bonds
For most families, the most urgent goal is securing the release of their loved one from detention. This is often achieved through an immigration bond.
An immigration bond is a payment made to the Department of Homeland Security that guarantees a person's attendance at all future court hearings.
If the person attends all their hearings, the bond payment is returned to the person who paid it at the end of the case, regardless of the case's outcome. The government keeps the bond payment if the person fails to appear in court.
Not everyone is eligible for a bond hearing. For example, individuals with certain criminal convictions or who are subject to specific fast-track removal processes may be subject to mandatory detention.
During a bond hearing, an immigration judge in a Texas court decides two things. First, they determine if the person is a flight risk, meaning they’ll likely disappear if released. Second, they assess if the person poses a danger to the community.
An attorney presents evidence and arguments to convince the judge that the person is neither a flight risk nor a danger, and that a low, reasonable bond is appropriate.
A Look at Texas Immigration Detention Centers
Texas has one of the largest networks of immigration detention centers in the nation. These facilities are operated by ICE or private corrections companies under contract with ICE. They’re located across the state, from large metropolitan areas to remote rural towns.
Your loved one is able to be held in any of them, and it is common for individuals to be moved between centers with little notice.
Major Texas detention centers include:
- South Texas ICE Processing Center: Located in Pearsall, this is one of the largest detention centers in the country.
- Houston Contract Detention Facility: This facility is located in north Houston and is a primary holding center for individuals arrested in the metropolitan area.
- T. Don Hutto Residential Center: Located in Taylor, this facility has a history of housing women.
- Laredo Processing Center: Situated near the border, this center processes many individuals apprehended in the region.
- Johnson County Detention Center: This North Texas facility near Cleburne also holds ICE detainees.
The detention center's location determines which immigration court has jurisdiction over the case. For instance, someone held in Pearsall has their case heard by judges who may be located in San Antonio. This geography plays a big part in the legal strategy for the case.
How a Lawyer Helps With Immigration Detention in Texas
Navigating immigration detention on your own is an almost impossible task. An experienced immigration attorney becomes your advocate, your guide, and your fighter from the moment your loved one is taken into custody.
Their role is to protect the detained person’s rights and build the strongest possible case for their release and their future in the United States.
Fighting for Release at a Bond Hearing
An attorney's most immediate impact is on securing release from detention. They act quickly to request a bond hearing before an immigration judge. At the hearing, the lawyer presents evidence and makes legal arguments to show that your loved one isn’t a flight risk or dangerous.
Developing a Strategy Against Removal
While fighting for release, your lawyer also builds the defense for the main immigration case. They interview the detained person to understand their story, their fear of returning to their home country, and their connections to the U.S.
Next, they identify the best legal path forward, whether it's applying for asylum, cancellation of removal, or another form of relief.
Shielding a Detainee from Pressure
Detention is a stressful environment, and individuals are often pressured to sign documents they don’t understand, including those that might waive their right to a hearing. A lawyer immediately notifies ICE that they are representing the person.
This notification protects them from being coerced into giving up their rights.
FAQ for How Do Immigration Detentions Work in Texas?
Is There a Right to a Government-Paid Lawyer in Immigration Court?
No, immigration court is a civil process, not a criminal one. There is no right to a court-appointed attorney. A person has the right to hire their own lawyer, and the court provides a list of low-cost legal service providers, but the government isn’t required to provide one for free.
How Does Having a Family in Texas Affect an Immigration Case?
Having close family ties in Texas, especially U.S. citizen or permanent resident spouses and children, is a very positive factor in an immigration case. An attorney uses these family ties to argue for a lower bond, showing the person isn’t a flight risk.
In the main removal case, these relationships form the basis for certain types of legal relief and petitions.
What Is the Difference Between a Detention Center and a Prison?
A prison holds individuals who have been convicted of a crime. An immigration detention center holds people in civil, not criminal, custody while they await the outcome of their immigration case.
The government states that a person in immigration detention isn’t being punished for a crime; they’re being held to make sure they attend their court dates.
How Do Immigration Detentions in Texas Affect a Person's Asylum Claim?
Starting an asylum claim inside a detention center is difficult but possible. An attorney helps detainees prepare their applications and gather evidence to prove their fear of persecution.
Being detained adds urgency to the case, as the hearings often proceed on a faster docket, leaving less time to prepare than if the person were free.
What Happens If a Person Is Ordered Removed?
If an immigration judge orders a person removed, the person has the right to appeal that decision to the Board of Immigration Appeals (BIA). The appeal must be filed within 30 days. ICE is authorized to remove the person from the United States if the appeal is also denied.
You’re Not Alone in This Fight
Seeing a loved one caught in the Texas immigration detention system is a terrifying experience. The fear, confusion, and sense of powerlessness are real. A knowledgeable legal team provides the clarity and strength to stand up to the system.
If your loved one is in ICE custody, contact the experienced Texas personal injury attorneys at Bailey & Galyen. We understand what you're going through and are ready to act immediately. Call us at (817) 345-0580 for a confidential consultation to discuss your case.