Published October 20, 2026
If an ICE detention happened tomorrow, would your family know who to call and what to do? That is the question opening this series. In this first installment we explain how to prepare before an emergency, because the days right after a detention are exactly the days when nobody has the clarity to improvise.
In brief: preparing before an ICE detention
Between December 2025 and January 2026, ICE averaged 1,264 arrests per day, more than triple the year before, according to the American Immigration Council.
That same winter, two out of three at-large arrests involved people with no criminal record.
A power of attorney lets a trusted person handle the matters you authorize. However, the formalities vary from state to state.
A financial power of attorney does not necessarily cover decisions about your children's care. These are separate documents.
ICE runs a public detainee locator at ice.gov/locator. Still, it has important limits worth knowing in advance.
The system does not show people under 18, nor anyone released more than 60 days ago.
The immigration courts' automated line is 1-800-898-7180, available 24 hours a day in English and Spanish.
Filing an immigration application does not guarantee protection from detention or from removal.
Important: this is part 1 of the series. The next installment covers what to do during a detention.
Why prepare before an ICE detention?
Because the profile of who gets detained has changed. Figures published in 2026 show a sharp rise in the pace of arrests and, above all, a shift in who they reach. Therefore, the old idea that "nothing happens to me if I have no record" no longer describes what is happening.
Late 2024: about 300 ICE arrests per day.
December 2025 to January 2026: 1,264 arrests per day on average, more than triple the year before.
That same winter: two out of three at-large arrests involved people with no criminal record.
Source: American Immigration Council, analysis of ICE data from the University of California, Berkeley Deportation Data Project, April 17, 2026. The data was obtained through a Freedom of Information Act lawsuit. Verified October 20, 2026.
Note: preparing does not mean expecting the worst. It means that if something happens, your family does not lose days figuring out what you could have written down.
What is a power of attorney and why have one?
It is, facing a possible ICE detention, the document in which you name a trusted person to handle specific matters for you. For instance, paying bills, handling banking, or managing property. Not all powers of attorney do the same thing, and for that reason it is worth reviewing one with an attorney before signing.
Generally, the document should make four things clear: who you are and who the designated person is, what specific authority it grants, when it takes effect and where its limits lie, and what signatures and formalities your state requires.
Careful: a poorly drafted power of attorney can be rejected by a bank or an institution at exactly the moment it is needed. In fact, that is the moment when nobody can fix it.
Does a financial power of attorney cover childcare?
Not necessarily. These are two different things, and confusing them is one of the most common mistakes. A financial power of attorney authorizes handling money and property. In contrast, decisions about school, health and custody of a minor usually require their own documents, which also vary from state to state.
For that reason, if you have children or dependents, it is worth reviewing both areas separately. Likewise, update the authorized-contact list at school and leave written instructions about medications and medical needs.
What should you discuss with your attorney before an emergency?
It is worth reviewing your immigration situation before there is an emergency, not after an ICE detention. Specifically, settle with your attorney what to do if a detention happens, who will contact them, and what documents will be needed from day one.
This is also the moment to assess whether you meet the requirements for any immigration benefit or protection. That assessment depends on your personal history, on specific dates and on your file, so it cannot be done in general terms.
Important: filing an application does not guarantee that ICE cannot detain you, nor does it automatically stop a removal. Anyone promising otherwise is not telling you the truth.
How do you organize family support before an ICE detention?
By dividing responsibilities beforehand, in writing, with specific names. First, agree on who will contact the attorney. Second, who will care for your children or other dependents. And third, who will cover essential payments while the situation is resolved.
It sounds obvious, but in practice it is not. When a family has not discussed this in advance, the first hours go to arguing about who does what. In contrast, a short agreed list saves that time.
What documents should you have ready?
The ones your family would need to act without you from the first day of an ICE detention. Keep them somewhere secure and make sure the designated person knows where they are and how to reach them.
Passports and birth certificates.
Copies of permits, applications and immigration receipts.
Any notices received from USCIS, ICE and the court.
Your A-number, if you have one.
Powers of attorney and the emergency contact list.
In addition, keep a protected digital backup and explain to a trusted person how to get in. A document locked in a drawer nobody has a key to is not much help.
Where can your family locate you after an ICE detention?
ICE runs a public detainee locator at ice.gov/locator, available 24 hours a day in Spanish and seven other languages. Searching requires the A-number and country of birth, or else the exact full name and country of birth. Still, it is worth knowing its limits now rather than later.
People under 18 do not appear. A search for a minor will return nothing.
Only people in current custody or released within the last 60 days are listed. After that window, the record disappears.
The search requires an exact name match. "Robert" will not find "Bob," and a misspelling returns zero results.
Information can be up to 8 hours old. It is worth confirming directly with the facility.
Some people are excluded for safety, security or agency discretion. Absence from the system does not always mean the person is not detained.
Source: U.S. Immigration and Customs Enforcement (ICE), fact sheet on locating individuals in detention and the Online Detainee Locator System brochure. Verified October 20, 2026.
That is why the A-number matters so much. It is the fastest way to resolve a search, and it is also what the immigration courts' automated line requires, 1-800-898-7180, which runs 24 hours a day in English and Spanish.
Why review your criminal record in advance?
Because an old case can carry immigration consequences the person does not know about. Tell your attorney about any arrest, charge or conviction, even from many years ago and even if you believe it was expunged or sealed. In immigration matters, "expunged" does not always mean what it means in criminal court.
It also helps to obtain certified copies of the court dispositions. Those are the documents that allow a real assessment, because the name of the offense alone is not enough.
Careful: if you are facing a criminal case right now, coordinate your criminal and immigration defense before accepting a plea or pleading guilty. A deal that looks favorable in criminal court can permanently close immigration doors.
Does having your papers in order protect you from ICE detention?
Not entirely, and that is worth saying plainly. Meeting your obligations lowers risk, but it is not a guarantee. The 2026 figures show it: two out of three at-large arrests that winter involved people with no criminal record.
Even so, compliance still matters. Avoid conduct that could generate criminal charges. Comply with probation conditions and court orders. Likewise, keep your immigration appointments and hearings current, unless an authorized change exists.
Finally, remember that the law requires keeping your address current with immigration authorities. A notice sent to an old address still counts as delivered, and the consequences of missing a hearing are serious.
What three things can you do today?
Three, and none takes long. First, choose an emergency contact and tell that person you chose them. Second, assemble the document folder and keep a digital backup. And third, schedule a legal assessment of your situation.
At our firm, that assessment happens in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow us to analyze your file thoroughly and tell you honestly what legal alternatives exist in your situation. We also offer emergency consultations, which are scheduled sooner and cost more. You can schedule your consultation here.
You may also want to review our services for immigration court representation and cancellation of removal.
Frequently asked questions about ICE detention
Does a power of attorney prevent an ICE detention?
No. A power of attorney does not prevent a detention and it does not affect your immigration case. What it does is let a trusted person handle the matters you authorized, such as paying bills or managing banking, while you cannot.
Where can my family look for me if I am detained?
In the public ICE system, at ice.gov/locator. It requires the country of birth and, preferably, the A-number. Still, the system does not show people under 18 or anyone released more than 60 days ago.
Does a pending application protect me?
Not as a guarantee. Filing an immigration application does not prevent ICE from detaining someone and does not automatically halt a removal. For that reason it is worth reviewing the full strategy with an attorney rather than assuming a pending case is enough.
Should I mention an arrest from many years ago?
Yes. Tell your attorney about any arrest, charge or conviction, even an old one and even if you believe it was expunged. In immigration matters, a sealed record can still carry effects.
What happens if I miss an immigration hearing?
The consequences are serious and can include an in-absentia removal order. For that reason it is important to keep your address current and confirm your dates on the courts' automated line, 1-800-898-7180.
Does this guide replace a consultation with an attorney?
No. It is general information about how to prepare. Every case requires an individual assessment, because the documents needed and the legal options change by state and by each person's history.
Conclusion
Preparing before an ICE detention is not about living in fear or giving anything up for lost. Rather, it is about taking part of the chaos out of an emergency. A well-drafted power of attorney, a document folder, a contact list and an honest conversation with your attorney can completely change how your family responds.
In fact, what makes the difference is almost never luck. It is having put things in order before needing them. It is important that you know your rights and your options.
If you need help preparing your situation, contact us. We handle cases worldwide from our office in Miami, Florida. We are here to advise you and review your specific case.
See also our frequently asked questions and the other updates on our blog.
