What’s supposed to happen when someone is arrested by ICE or Border Patrol?
AI-generated summary reviewed by our newsroom.
- Immigration agents should process detainees with fingerprinting and give notice to appear.
- Some detainees face deportation without appearing before a judge.
- People arrested can ask courts to give bond to continue proceedings out of custody.
Border Patrol agents have detained hundreds of people in North Carolina in recent days.
Nine individuals arrested Tuesday, Nov. 18 in the Triangle were taken to a jail in New Hanover County before being moved Wednesday, Nov. 19 to an unidentified detention facility, The News & Observer reported. The Border Patrol has not commented on where the roughly 370 people arrested in the Charlotte area were being held or taken, according to The Charlotte Observer.
In some instances, individuals may be deported without having a chance to plead their case in court. Otherwise, people are allowed due process.
Here’s what to know about what should happen when people are arrested by immigration enforcement agents.
What should happen after an arrest
When people are arrested, they are supposed to be processed, which includes getting fingerprinted and receiving a Notice to Appear, Yesenia Polanco-Galdamez, an attorney at Durham-based Polanco Law, told The News & Observer in a phone call. A Notice to Appear includes information such as which crimes a person has been charged with and when they should appear in court.
“It is the foundation of our constitutional rights to confront our accusers, to have notice and due process and to be presumed innocent until proven guilty,” she said.
People may not be automatically allowed the opportunity to be released on bond, Polanco-Galdamez said. Instead, they may have to file a motion for bond redetermination, which, if granted, would allow a person to continue their proceedings out of custody.
Deportation without court hearing possible
According to the National Immigrant Justice Center, some people who are arrested could be deported without appearing before a judge. That applies to:
- People who have already been ordered to be removed by a judge, because they missed court, lost their immigration case or were ineligible for a court hearing.
- People who were previously deported, including those who were deported in expedited proceedings at the border.
- People who lack proper documents and have been convicted of aggravated felonies under immigration law.
- Noncitizens who are arrested at or near the border and are removed by an expedited removal order. These people only get a court hearing if they express fear of returning to their country of origin and pass a Credible Fear Interview.
People who have previously been deported and have been convicted of aggravated felonies may not be deported if they express fear of returning to their country and pass a Reasonable Fear Interview, which necessitates hearings before an immigration judge, according to the National Immigrant Justice Center.
Other people, including lawful permanent residents and people who lack proper documentation, can request a court hearing with an immigration judge.
This story was originally published November 19, 2025 at 2:22 PM.
