If a litigant is detained in immigration jail, it does not mean they will be deported.
Non-citizen’s Access to Family Court Proceedings
ICE Directive 11064.3 ensures that a parent or legal guardian who is arrested or detained for a civil immigration proceeding will continue to visit their child or incapacitated adult for whom they serve as guardian and participate in related court proceedings.
- Detained parents may:
- Participate in all family court proceedings
- Participate in court-ordered visitation and other services
- Be released in discretion
- Be transferred to an immigration facility that allows for visitation and/or access to family court proceedings.
- Be temporarily permitted to return to the U.S. under the supervision of immigration authorities, to participate in certain family court proceedings (i.e., regarding parental rights).
- Return to the U.S. after deportation to participate in TPR proceedings.
How to Locate a Detainee
- If a litigant is unavailable to the family court, the litigant may be located with the litigant’s full name, country and DOB, OR the immigration file number (“A file number”) by accessing the following:
- Detainee Locator
- To locate a non-citizen litigant who is in civil immigration detention:
- https://locator.ice.gov/
- Immigration Court Info
- To obtain information regarding the status of any current or past immigration court proceeding:
- (800) 898-7180
- https://acis.eoir.justice.gov
- Detainee Locator
