FAQs

When you apply for asylum in the United States—especially in Immigration Court—one of the most common and important questions we hear is:

“Can I be detained while my asylum application is pending?”

The short answer is: Yes, it’s possible. However, whether ICE chooses to detain you depends on your personal history, criminal background, and immigration status.

Immigration detention is a civil—not criminal—form of confinement. It is managed by U.S. Immigration and Customs Enforcement (ICE). ICE may detain individuals who:

• • Entered the U.S. without permission;
  • Were previously ordered deported;
  • Have criminal convictions; or
  • Are considered a flight risk or danger to the community;

Even if your asylum case is active, you can still be detained if ICE believes you meet one of these criteria.

You could be detained if:

• You are arrested for a crime while your case is pending;
• You missed a court hearing and were ordered removed in absentia;
• You entered unlawfully and were later apprehended by ICE or CBP;
• You have a prior deportation or removal order;
• You were released under supervision and violated ICE check-in requirements; or
• You were released on bond or an order of supervision, but ICE now believes that circumstances have changed and detention is necessary.

Not entirely. While a pending asylum application shows that you are lawfully pursuing protection, it does not guarantee immunity from detention. However, the fact that your case is pending can help your attorney:

• Request release on bond; or
• Argue that ICE should exercise discretion and not detain you.

If ICE detains you:

• You may be transferred to a detention facility anywhere in the country;
• You may qualify for a bond hearing to request release;
• Your asylum case will likely continue, but possibly under expedited removal proceedings;
• You can still apply for asylum from detention—and many people do so successfully.

At Indus Pacific Law, we work with immigrants who are detained—or at risk of detention—while applying for asylum.

We can help you:

• Request bond hearings (if eligible) and fight for your release;
• File your asylum application while you are detained;
• Advise you on the evidence needed to show you are not a flight risk or danger;
• Represent you at every step of your case before the Immigration Court.

If you are concerned about the possibility of being detained:

• Carry proof of your pending asylum case at all times;
• Ensure your attorney has your most up-to-date contact information;
• Do not miss any court hearings—attendance is critical;
• Avoid criminal activity that could trigger ICE involvement;
• Speak with an immigration attorney as early as possible.