ICE may move a detained person far from home, family, and their lawyer. When a transfer is threatened, an attorney may be able to seek an emergency order from a federal judge.
What order can stop an ICE transfer?
An attorney may ask for a temporary restraining order, often called a TRO, or another form of emergency relief. A TRO is a short-term court order. In some cases, it may direct the government not to transfer the person while the court considers the legal issues.
The judge must find that the requirements for emergency relief have been met. An order is not automatic, and a transfer is not unlawful simply because it would be inconvenient for the family.
Is a habeas petition enough?
No. A habeas corpus petition challenges the legal basis for detention. Filing one does not automatically stop a transfer. An attorney may need to ask separately for an order preventing ICE from moving the person.
Even when a transfer happens, a federal court that properly had jurisdiction when the habeas petition was filed may keep hearing the case. That is one reason it can be important to file before the detainee is moved.
When should a family call an attorney?
As soon as the person is detained, especially if ICE may move them to another state. If you know the person's A-number, current facility, and immigration history, share that information with counsel. Do not delay contacting an attorney just because you do not yet have all the documents.
The Law Office of Jonathan Langer, PLLC evaluates requests for urgent federal habeas relief and emergency orders concerning ICE transfers. Whether such an order is available depends on the individual case.
Related reading: Why timing matters before an ICE transfer and Immigration habeas corpus representation.
This page is general information, not legal advice. Each case depends on its facts and applicable law. No outcome is guaranteed.
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