What is ICE?
ICE stands for Immigration and Customs Enforcement, which is a U.S. government agency whose mission is to conduct criminal investigations, enforce immigration laws, preserve national security, and protect public safety.
It is important to know that ICE and the immigration court are two separate agencies. ICE enforces immigration laws, while the immigration court interprets immigration laws on a case-by-case basis.
What is an ICE Check-in appointment?
An ICE Check-in is an appointment that ICE officers schedule regularly to verify that certain immigrants are complying with the terms of their release and that they do not pose a security risk. The appointments can be conducted in person at the local ICE office or virtually through an app, and they can happen on a weekly, monthly, semi-annual, or yearly basis.
These appointments are usually scheduled for immigrants who are in removal proceedings, have a case pending with the immigration court, are waiting for a decision from the immigration court, or have been released from detention under what is called an “Order of Supervision.”
What happens at an ICE Check-In appointment?
During the appointment, an ICE officer will generally ask questions to ensure you are complying with the terms of your release and you do not pose a danger to society. For example, the officer might verify that you still live at the address on file, ask questions about your job, and the status of your immigration case.
Also, during the appointment, the ICE officer could take your photo and biometric information and give you a new date to attend your next appointment.
Am I required to attend an ICE Check-In appointment?
Yes, attending your ICE Check-In appointments is very important because by doing so, you are showing that you are complying with the immigration laws. During the appointment, you can also update your officer about different matters, such as a change of address, employment, or the status of your case.
All these things are important to build a strong record that might benefit you in the future if you need to submit a bond request or some form of immigration relief.
What happens if I miss my ICE Check-In appointment?
If you have an upcoming ICE Check-In appointment and you cannot attend it due to a situation out of your control, like having an accident or being extremely sick, it is important to act immediately.
If you can attend your appointment the same day but at a different time, you should go to the appointment, as you will still comply with the requirement of your release.
If you need to reschedule your appointment for a different date, you can go to www.checkin.ice.gov and try to reschedule your appointment, or try calling your local ICE office to let them know you cannot attend your appointment and ask for a new date. If you make an appointment online, you should print, email, or text a copy of your appointment details and keep a record of this information in a safe place.
How long will I need to attend ICE Check-In appointments?
You will probably need to attend your ICE Check-In appointments until your immigration case is completed or until the ICE officer instructs you to do so. An immigration case is complete when there is a decision and the decision is final, that is, there is no appeal pending.
At the conclusion of your case, an immigration judge can grant you relief (such as asylum or residency) and allow you to remain in the country legally, or can order removal from the United States. If you have a pending court case, it is very important to consult with an attorney before attending your ICE Check-In appointment to check on the status of your immigration case. Sometimes, immigration judges order removal “in absentia” if a person fails to attend an immigration court hearing.
Can I move if I have an ICE Check-In appointment?
Yes, you can move, but you need to update your address with ICE within 5 business days. You can update your address on the ICE’s website (www.portal.ice.gov) or by phone at 1-833-383-1465 after you move.
Please note that if you entered the country with your family, you will need to update the address for each family member. Also, if you have an immigration court case pending, you need to update your address with the court separately, as ICE and the immigration court are different agencies.
Finally, no matter how often you move, you need to update your address with ICE and the court every time to comply with the requirement of your release and ensure you do not miss any hearing dates.
Will I be detained at an ICE Check-in appointment?
During this administration, detention at the ICE Check-In appointments has become more common; however, it is not always the case.
Some groups of immigrants may be especially at risk of being detained at an ICE Check-In Appointment, including the following:
- Immigrants who have failed to attend a Check-In appointment without rescheduling or contacting ICE;
- Immigrants with prior removal orders (like those who were released under an Order of Supervision);
- Immigrants who have been granted withholding of removal;
- Immigrants who have been charged with a crime, including DWIs;
- Immigrants who have provided false information; and
- Immigrants who do not have a pending immigration court case and who have not applied for asylum or other form of relief with USCIS.
Unfortunately, even for people who do not belong to any of these groups, detention might be a possibility at an ICE Check-in appointment.
What should I do if I have an upcoming ICE Appointment?
Given the existing risk of detention at an ICE Check-in appointment, it is advisable to consult with an experienced immigration attorney before you go. Besides talking to an immigration attorney, there are some things you need to know before you go:
- On the day of the appointment, bring all the requested documents (including your identification and proof of address), arrive on time, and dress appropriately for the appointment.
- If you have a pending immigration application, bring copies of documents that show this, such as a copy of the receipt notice or the entire application.
- If you have compelling circumstances such as a U.S citizen spouse or children with a medical condition or special needs, bring copies of the marriage or birth certificates and medical or school records showing the medical condition or special needs.
- Consider asking your attorney, a family member, or a friend to attend the appointment with you in case ICE decides to detain you. Make sure that the family member or friends who accompany you have legal status in the United States and speak English fluently.
- Plan in case there is an emergency. This includes memorizing the phone number of someone you trust; making sure someone can pick up your children from school if needed; making sure you know how to contact your lawyer; and making sure your family members know important information about you such as your full name, A number, and date and country of birth so they can find out where you are detained.
Do I need to hire an attorney to attend my ICE Check-In Appointment?
Although legal representation is not required to attend an ICE Check-in appointment, seeking legal advice before attending an appointment is highly recommended. At Bienvenidos Law Firm, Inc., we have over 25 years of experience in immigration cases, and we handle removal defense cases. Call us at 763-951-2235 or email blf@bienvenidoslaw.com to schedule an appointment today!
