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What Happens to the People Arrested by ICE?
Immigration and Customs Enforcement arrests have made headlines around the world in 2026. Muslim communities have faced particularly aggressive enforcement. In Minnesota, Operation Metro Surge targeted Somali neighborhoods, with community leaders reporting that families are afraid to leave their homes, skip medical appointments, and avoid going to mosques out of fear of arrest.
The situation has created widespread panic in immigrant communities across the country, including here in the Bay Area. If you or someone you know has been arrested by ICE, you need to understand what happens next. Having a San Francisco removal defense attorney who will actually fight for you in court can make the difference between deportation and staying with your family in the United States.
What Authority Does ICE Have to Make Arrests?
ICE agents are federal officers under Section 287 of the Immigration and Nationality Act, which gives them broad authority to arrest people they believe are in the United States without legal immigration status. Under this federal law, ICE can arrest someone without a warrant if the officer has reason to believe the person is in the country illegally.
However, the reality of how ICE conducts arrests in 2026 has changed dramatically. Recent data from the American Immigration Council shows that arrests of people with no criminal record surged by 2,450 percent during the first year of the Trump administration.
ICE has expanded its tactics to include at-large arrests in neighborhoods, worksite raids, and collateral arrests where they take anyone who happens to be present.
Where Do People Go After ICE Arrests Them?
When ICE arrests someone, they are typically taken to a local ICE office for processing. From there, the person may be transferred to an immigration detention center. Detention centers are spread across the country, and ICE frequently transfers people far from their families. Families report harsh conditions inside detention facilities, including people sleeping on floors, inconsistent access to food and water, and inadequate medical care.
The American Immigration Council found that by November 2025, for every person released from ICE detention, more than fourteen were deported directly from custody. This represents a dramatic shift from the previous year when the ratio was approximately one-to-two.
What Rights Do You Have if ICE Arrests You?
You have the right to remain silent. You do not have to answer questions about where you were born, your immigration status, or how you entered the United States. You should clearly state that you wish to remain silent and that you want to speak with an attorney.
You have the right to an attorney, but unlike in criminal cases, the government will not provide one for you. This is why having an immigration attorney who knows how to fight removal cases in court is critical. Many people lose their cases simply because they try to fight the system alone or work with attorneys who only handle paperwork and never step into a courtroom.
You have the right to a hearing before an immigration judge. At this hearing, the government must prove that you are removable from the United States. An experienced removal defense attorney can challenge the government's evidence, present your case for relief, and fight to keep you in the country.
Can You Be Released From ICE Detention?
In some cases, your attorney can request that the immigration judge order your release on bond while your case is pending. The judge will consider factors like whether you have family in the United States, how long you have lived here, your ties to the community, and whether you pose a flight risk.
However, some people are subject to mandatory detention under immigration law and cannot be released on bond. An attorney who understands the nuances of immigration detention law can help you understand whether you may be eligible for release.
The reality is that getting released from detention has become much harder in 2026. With detention facilities at capacity and ICE prioritizing deportations over releases, having an attorney who knows how to effectively argue your case before a judge is more important than ever.
Call a San Francisco, CA Removal Defense Lawyer Today
The current immigration enforcement climate is terrifying for families right now, especially for South Asian and Muslim communities facing targeted enforcement.
If someone you love has been arrested by ICE, you need an attorney with actual courtroom experience who will fight to halt or prevent their deportation. At Hafey & Karim, we have the litigation skills necessary to defend your rights in immigration court.
We provide trusted legal support in both English and Bengali, with translators readily available for Spanish, Hindi, Punjabi, and Urdu. Attorney Karim can read, write, and speak Bengali fluently. Call Hafey & Karim at 214-506-0671 for a consultation with a Bay Area immigration attorney.
Our firm provides representation for people throughout the United States. From our Concord office, we serve clients in San Francisco, Oakland, San Rafael, San Pablo, Richmond, Berkeley, Alameda, San Leandro, Hayward, Fremont, San Bruno, San Mateo, Palo Alto, San Jose, Mountain View, Milpitas, Cupertino, Santa Clara, and Campbell. Additionally, we serve clients in Texas cities including, Plano, Frisco, Allen, Carrollton, Farmers Branch, Richardson, Garland, Mesquite, Irving, Grand Prairie, Arlington, Euless, Bedford, Grapevine, Coppell, and Fort Worth.
Results listed are not a guarantee or indication of future case results.
