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It can be really frightening if your sponsor or legal guardian is detained. And there is often no perfect answer for how to proceed. The best steps to take can depend on many details, such as how old you are, if you have other family members or guardians in the U.S., your own immigration status, and many other details in relation to your specific case.  

The goal of this article is to provide you with information that will help you: 

  1. understand what happens when someone is detained by ICE.
  2. follow the necessary steps to take if you are a minor and your parent/sponsor is detained. 

1. First, it can be helpful to understand what happens when someone is detained by ICE.  

Note: See the infographic below to see what this process looks like: 

  • If the person being detained by ICE is over the age of 18
    • The person may be held temporarily in a local jail until they can be transferred to an ICE detention facility.
    • The person will be taken to an ICE detention facility, where they will be processed and interviewed. 
    • Depending on the specific details of their case (for example, if they have a scheduled court hearing or if they already have a removal order) they may have to appear in immigration court, or they may be held until they are deported. There is also the possibility that they could be released pending their immigration proceedings. 

  • If the person being detained is a parent or legal guardian
    • ICE may take the child into custody with their parent/legal guardian. This could mean that:
      • the parent/legal guardian is taken to an adult detention facility, while the child is put into care of the Office of Refugee Resettlement (ORR) or Child Protective Services (CPS). 
      • or that the parent/legal guardian and child are taken together to a family detention center
    • If the child is not around when the parent/sponsor is taken into custody (for example, the child is at school), it’s possible that the child will return to realize that their parent/sponsor is gone, that they have been left on their own, and that they must fend for themselves. 
      • This can be an extremely scary situation. Below we’ve outlined some steps to take if you are under 18 and suddenly find yourself without your parent/sponsor/guardian.  

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2. If your sponsor is detained and you find yourself on your own, we recommend taking the following steps.

The goal of these steps is to help you feel safe and informed.  

  1. If you created a safety plan with your sponsor or your family in preparation of a situation like this, start there. Follow the steps that you outlined in your safety plan. These steps may include details of how to contact your attorney, a safe adult that you can call to come get you, or a safe place for you to stay while you figure out what to do next. 
    Note: for help creating a safety plan, check out our infographic here

  2. Make sure that you are in a place where you feel safe. It’s important that you are not alone, that you have a place to sleep, that you are warm, fed, etc. 
    • If you do not have these things where you are, you are alone, or you simply do not feel safe, call a trusted adult right away so that they can help get you to a place where you can stay. A trusted adult that you can call might be another family member, a family friend, a neighbor, a teacher, etc.  
    • Remember that there are phone numbers you can call in the U.S. for general emergencies: medical emergencies, fire, etc. If you are in a crisis or immediate danger, you can call these numbers. Hotlines are often confidential and free, and the counselors will do everything possible to help you! For more information on hotlines and emergency numbers, click here.

  3. Contact your attorney. Your attorney will be able to guide you through the next steps to take. 
    • If you do not have an attorney, contact us. We will do our best to connect you with a low-cost or free attorney. 

  4. Locate your detained sponsor
    • Check out the infographic below to understand how to find a person who has been detained by ICE. 
    • Once you know which detention facility they are being held in, you can contact the detention facility directly. You probably won’t be able to speak with the detained person, but you may be able to leave contact information for them to call you. People being held in detention have the right to make phone calls out, even if they can’t receive phone calls. 
      • Use this page to search for the contact information of the detention facility.  

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Sources:  

Legal Services for Children, SF. (Accessed March, 2025). Information about detained children. https://www.lsc-sf.org/wp-content/uploads/2015/10/Information-Detained-Children-1.pdf 

NIJC. (Accessed March, 2025). KYR: What to do if you or a loved one is detained. https://immigrantjustice.org/know-your-rights/what-do-if-you-or-loved-one-detained