What steps should family members take to help a detained person prove citizenship to ICE?
Executive summary
Family members who need to prove a detained person’s U.S. citizenship should assemble authoritative identity and citizenship documents, locate the detainee and the facility, and coordinate with counsel or consular officials to submit certified copies — because ICE policy requires officers to assess potential citizenship and may detain someone if citizenship cannot be quickly proven [1] [2]. Practical resources and step‑by‑step guidance from immigrant‑rights groups and legal clinics emphasize keeping documents accessible, sharing copies with trusted people, and contacting lawyers immediately to speed release or challenge detention [3] [4] [5].
1. Gather primary proof of citizenship and identity
Collect the most direct, government‑issued evidence available: U.S. passport or passport card, birth certificate, certificate of naturalization or citizenship, consular report of birth abroad (FS‑240), or tribal ID and state‑issued IDs where applicable; ICE and legal clinics all list these as the key documents that can establish citizenship quickly [2] [6] [7]. Because some state IDs do not require proof of citizenship, advocates warn not to rely solely on a state card in all jurisdictions and to prioritize federal documents when possible [7] [8].
2. Keep certified copies ready and share them with trusted contacts
Provide notarized or certified copies to a trusted family member, attorney, or friend who can deliver documentation to ICE or the detention facility immediately; legal aid groups and clinics recommend pre‑placing copies with a designated person so documents are reachable if someone is detained unexpectedly [4] [3]. Several law firms and advocacy guides note that ICE may accept copies from family, counsel, or consular officials and that having documents off‑site speeds resolution when the detained person does not have papers on their person [9] [6].
3. Locate the detainee quickly and contact the detention facility
Use ICE’s Online Detainee Locator System to find which facility is holding the person and obtain facility contact procedures for phone, visitation, or document submission; immigrant‑rights groups and NIJC explicitly direct family to that locator and to facility phone/visitation rules [5]. Once located, call the facility and ask whether they accept emailed or faxed copies, whether originals or certified documents are required, and how to arrange legal phone accounts or visits, because procedures vary by facility [5] [10].
4. Involve an immigration attorney and, if appropriate, a consulate
Secure counsel immediately — an attorney can file motions, contact ICE supervisors, and ensure proper chain of custody for documents — and families are urged to give attorneys contact info ahead of time so lawyers can act promptly if detention occurs [3] [5]. For citizens born abroad or with consular records, contacting the U.S. consulate or Department of State to obtain certified copies (e.g., FS‑240 or passport records) can be decisive; sources note consular reports and federal certificates as persuasive evidence [9] [6].
5. Deliver documents formally and document the interaction
When submitting proof, do so through official channels and get a receipt or written acknowledgment where possible; ICE policy requires officers to assess potential citizenship and the speed and formality of proof presentation can affect whether the person remains detained [1] [2]. Keep records of calls, the names and badge numbers of officers, the time and method of document delivery, and any written responses — advocacy materials advise detailed documentation to support challenges to wrongful detention or expedited removal claims [2] [3].
6. What to expect and important caveats
Even with documentation, families should be aware that ICE sometimes detains people while verifying records — ICE guidance instructs officers to investigate claims of citizenship and indicia that someone may be a U.S. citizen, and detained individuals may still need lawyers to press for release or a hearing [1] [2]. Reporting and legal guides stress that these recommendations are procedural guidance, not guarantees: specifics vary by facility, state ID rules differ, and some sources focus on advocacy rather than official ICE practice, so families should prioritize legal counsel and documented communications when timelines are tight [7] [5].