Act immediately — the Montana filing window may last only days
People detained by Immigration and Customs Enforcement ("ICE") in Montana may be transferred quickly and without advance notice. A person arrested in or near Gallatin County may initially be held at the Gallatin County Detention Center in Bozeman or moved to the Cascade County Detention Center in Great Falls. From there, ICE may transfer the person to the Jefferson County Jail in Rigby, Idaho, and eventually to the Northwest ICE Processing Center in Tacoma, Washington, also commonly called the Northwest Detention Center or NWDC.
ICE uses other routes as well. A person may be moved more than once before ICE's online locator is updated.
These transfers matter because a federal habeas corpus petition challenging detention generally must be filed in the federal district where the person is physically confined, naming the person's immediate custodian. If your family member is still detained in Montana, a lawyer may be able to file in the U.S. District Court for the District of Montana. If ICE transfers the person before the petition is filed, a Montana court will generally no longer be the proper place to begin the case. Counsel may then have to file in Idaho, Washington, or wherever ICE has moved the person.
A properly filed petition ordinarily is not defeated simply because ICE transfers the person afterward. For that reason, the first few days may be the only opportunity to file in Montana and ask the court for emergency relief before a transfer.
If your family member is still at the Gallatin County Detention Center, the Cascade County Detention Center, or another Montana facility, contact counsel immediately. Do not wait to see where ICE ultimately sends them.
Three things your family member should know
Tell your family member:
- Do not answer detailed questions about citizenship, birthplace, immigration history, or how you entered the United States before speaking with a lawyer. Say: "I choose to remain silent, and I want to speak with a lawyer." Do not lie or present false documents.
- Do not sign immigration papers you do not understand. This is especially important for documents involving stipulated removal, voluntary departure, reinstatement of removal, or giving up the right to a hearing. Ask for an interpreter and a copy of every document.
- Assume ordinary calls with family and friends are monitored or recorded. Do not discuss immigration history, manner of entry, prior arrests, prior deportations, or possible defenses on those calls. Properly arranged legal calls should be confidential.
A detained person may ask to speak with a lawyer, but the government generally will not appoint or pay for immigration counsel.
Find out exactly where they are being held
Start with ICE's Online Detainee Locator System. You can search using:
- The person's A-number and country of birth; or
- Their full name, date of birth, and country of birth.
The A-number appears on immigration paperwork and is usually nine digits. Try alternate spellings and different combinations of names. If the person does not appear immediately, check again several times each day. The locator may not update promptly during booking or transfer.
Also contact the local jail where the person was last seen. Write down:
- Their complete legal name and any other names used;
- A-number;
- Date, time, and location of arrest;
- Current facility and facility address;
- Name or title of the arresting agency;
- Any scheduled criminal or immigration court dates;
- Serious medical conditions, medications, disabilities, or mental-health needs;
- The name and contact information of the ICE deportation officer, if known; and
- Every location to which the person has been transferred.
Keep screenshots of locator results because the listed location may change quickly.
Ask immediately whether a federal habeas petition is possible
A petition for a writ of habeas corpus is a federal court action challenging the legality of a person's detention. It is separate from the immigration case that determines whether the person may remain in the United States.
Habeas may be important when ICE claims that a person must remain detained without any opportunity to ask an Immigration Judge for bond. Depending on the facts, an attorney may ask a federal judge to:
- Order the person's release;
- Require an individualized bond hearing; or
- Temporarily prevent a transfer while the court considers the detention challenge.
The U.S. District Court for the District of Montana has recently granted habeas relief in cases involving people held without an opportunity for bond. Those decisions do not guarantee the same result in another case, but they show why families should not assume that ICE's statement that someone has "no bond" ends the inquiry. In one recent case, the court confirmed that Montana was the proper forum because the person was confined at the Cascade County Detention Center when the petition was filed. Orozco-Ramirez v. Visser.
Timing is critical. Once ICE moves the person outside Montana, the opportunity to begin the habeas case in Montana may be gone.
"No bond" may not be the final answer
Since July 2025, the federal government has taken the position that many people who entered the United States without inspection are subject to mandatory detention under 8 U.S.C. § 1225(b)(2), even if they have lived here for years.
The Board of Immigration Appeals adopted that position in Matter of Yajure Hurtado and instructed Immigration Judges that they lack authority to grant bond to people covered by the decision.
Federal courts are divided over whether that interpretation is lawful. The Ninth Circuit — which covers Montana — has not finally resolved the issue. Meanwhile, federal judges in Montana and other parts of the country have rejected the government's position in individual habeas cases.
The Laken Riley Act also requires detention of certain noncitizens who are arrested for or charged with specified offenses, including burglary, theft, larceny, shoplifting, assault of a law-enforcement officer, and crimes causing death or serious bodily injury. A conviction is not always required.
Bond eligibility depends on immigration history, the legal basis for detention, prior removal orders, criminal history, and other facts. A lawyer must review the actual custody documents before determining what options exist.
A prior removal order creates another emergency: reinstatement
If your family member was previously ordered deported or removed, ICE may try to use a fast-track process called reinstatement of removal. There is generally no expiration date on the original order. Even a decades-old removal order may be reinstated.
Before ICE can properly reinstate an order, it must determine that:
- A prior deportation or removal order exists;
- The person in custody is the person named in that order;
- The person was actually removed, or departed while subject to that order; and
- The person later reentered the United States illegally.
If the person never left the United States after the original order, there was no reentry and reinstatement should not apply.
The manner of the later entry also matters. In the Ninth Circuit, simply being inadmissible at the time of entry does not necessarily make the reentry "illegal." A person who truthfully presented at a port of entry and was inspected, admitted, paroled, or waved through may have an argument against reinstatement. An entry involving fraud, false documents, or avoiding inspection may be treated differently. Tomczyk v. Wilkinson.
ICE generally begins the process by serving Form I-871, Notice of Intent/Decision to Reinstate Prior Order of Removal. The person should not admit the allegations or sign away rights without first speaking with a lawyer. Counsel should immediately obtain and review:
- The original removal order;
- Evidence that the person actually departed or was removed;
- Records identifying the person subject to the original order;
- Evidence concerning the later entry; and
- The completed or proposed Form I-871.
Errors in these records can matter, although successful challenges are difficult and the deadlines can be extremely short.
What reinstatement means
When reinstatement is legally proper, ICE does not start a new, regular removal case. The person generally cannot ask an Immigration Judge to decide whether the prior order should be reinstated, apply for most forms of immigration relief, or request bond from the Immigration Judge.
ICE may carry out the old removal order without scheduling a regular Immigration Court hearing. There are limited exceptions and avenues for review, but families should understand the immediate danger: ICE may be preparing to deport the person under the old order without ever giving them a new removal hearing.
Fear of return can stop immediate removal
If your family member fears persecution, torture, serious harm, or death in the country to which ICE intends to send them, they must affirmatively and repeatedly tell every ICE officer:
"I am afraid to return to my country. I fear persecution or torture. I want a fear interview, and I want to speak with a lawyer."
They should ask to make that statement in writing and keep a copy if possible.
The type of interview depends on the removal procedure. A person facing expedited removal may receive a credible-fear interview. A person facing reinstatement of a prior removal order should be referred to an asylum officer for a reasonable-fear interview.
If the asylum officer finds that a person subject to reinstatement does not have a reasonable fear, the person may request prompt review by an Immigration Judge. If either the asylum officer or the Immigration Judge finds a reasonable fear, the person is placed in withholding-only proceedings before an Immigration Judge.
This is an important distinction: a person subject to reinstatement generally cannot apply for asylum. The Immigration Judge may consider only:
- Withholding of removal under the Immigration and Nationality Act; and
- Protection under the Convention Against Torture.
These protections may prevent removal to a country where the person is likely to face qualifying persecution or torture. They do not cancel the original removal order, grant permanent immigration status, or necessarily prevent removal to a different country.
If ICE identifies a third country and the person fears being sent there, they should say:
"I am afraid of being sent to that country. I fear persecution or torture there, and I want a fear screening."
Because reinstatement and fear-screening proceedings can move extremely quickly, contact an attorney as soon as ICE mentions a prior deportation, serves Form I-871, or asks questions about a departure and later reentry.
Start collecting documents today
If a bond request, habeas petition, or challenge to reinstatement is possible, counsel will need evidence quickly. Gather:
- All prior immigration documents and removal orders;
- Passports and records of every departure and entry;
- Birth certificates of U.S.-citizen or lawful-permanent-resident children;
- Marriage certificate;
- Proof of a spouse's and children's immigration status;
- Leases, rent receipts, utility bills, and other proof of address;
- Pay stubs, tax filings, employment records, and letters from employers;
- Medical records, especially for dependent family members;
- Property deeds, vehicle titles, or other evidence of assets in the United States;
- Family photographs;
- Church, school, volunteer, and community records;
- Letters of support from relatives, employers, friends, clergy, and community members; and
- Records showing compliance with prior immigration or criminal court requirements.
A support letter should explain how the writer knows the detained person, how long they have known them, and why they believe the person will attend court and does not present a danger. Include a copy of the writer's identification when appropriate.
Make secure electronic copies and give them to the lawyer. Do not surrender irreplaceable originals unless counsel advises you to do so.
Proof of two years' presence can prevent fast-track removal
DHS currently may use expedited removal — removal without a regular hearing before an Immigration Judge — against certain people encountered anywhere in the United States who cannot establish continuous physical presence during the two years immediately before the government's determination.
Collect documents covering the entire two-year period, not just one document from two years ago. Useful evidence may include:
- Leases and rent receipts;
- Utility bills;
- Bank and credit-card records;
- School records;
- Medical records;
- Employment and payroll records;
- Tax filings;
- Dated photographs;
- Church records; and
- Government or other official correspondence.
Keep electronic copies somewhere a trusted family member can access immediately.
Watch out for immigration scams
Notarios, document preparers, and immigration consultants cannot give legal advice or represent someone in immigration court. Authorized representatives generally include licensed attorneys and fully accredited representatives working through organizations recognized by the Department of Justice.
Verify a lawyer's license or an accredited representative's authorization. Be suspicious of anyone who:
- Guarantees release or another result;
- Claims to have a special relationship with ICE;
- Asks someone to sign blank documents;
- Refuses to provide copies of filings or a written agreement;
- Cannot explain who will actually represent the detained person; or
- Demands large cash payments without a receipt.
The Department of Justice provides information on who may represent someone in Immigration Court.
How Border Crossing Law Firm can help
Border Crossing Law Firm represents detained immigrants and their families in Montana. We evaluate:
- Emergency federal habeas corpus petitions;
- Requests for release or bond hearings;
- Challenges to reinstatement of prior removal orders;
- Reasonable-fear and withholding-only proceedings;
- Expedited-removal cases; and
- Defense in regular removal proceedings.
Because ICE may move a person out of Montana within days, detained cases require immediate review. Contact us as soon as you learn of the arrest. We will work to determine where your family member is being held, assess whether emergency federal-court action may be available, and explain honestly what can — and cannot — be done before a transfer.
No lawyer can guarantee release or the outcome of an immigration case.