Legal help for someone in ICE detention
Where to find free or low-cost help, and how to check anyone you hire.
First: this is civil detention
ICE detention is civil, not a criminal sentence. There is no sentence to serve, so there are no sentence credits (good time) and no release date to calculate. Release depends on the immigration case: a bond, an immigration judge's decision, or an ICE decision.
There is no right to a free lawyer in immigration court. The law allows a lawyer "at no expense to the Government" (8 U.S.C. 1362 (opens in new tab)). Look for free or low-cost help on the EOIR list of pro bono providers (opens in new tab) and from accredited representatives (opens in new tab).
Watch for scams: a "notario" is not a lawyer in the U.S. Don't pay anyone who promises results. How to spot a scam.
General information, not legal advice. Every case is different.
There is no right to a free lawyer
In immigration court a person may have a lawyer, but "at no expense to the Government" (8 U.S.C. 1362 (opens in new tab)). If they can't find one, the case goes ahead without one. That's why it helps to look early.
Where to find free or low-cost help
- EOIR List of Pro Bono Legal Service Providers (opens in new tab): organizations and attorneys who may help for free, by state and court.
- EOIR Recognition and Accreditation Program (opens in new tab): recognized nonprofit organizations and their accredited representatives, who can represent people in immigration court.
- EOIR: Find legal representation (opens in new tab): all the official resources in one place.
- USCIS: Find legal services (opens in new tab).
- ICE facilities post a list of free legal organizations in the housing units; ask your loved one to check it.
Before you hire anyone
- Check EOIR's list of disciplined practitioners (opens in new tab).
- Only a licensed attorney or an accredited representative of a recognized organization can help with the case.
- A "notario" is not a lawyer. See notario scams.
Sources: ICE, the Justice Department's Executive Office for Immigration Review (EOIR), USCIS, and the laws and rules linked above. Checked 2026-10-21.
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