Being placed in border patrol custody—whether you’re an asylum seeker, undocumented migrant, or even a U.S. citizen wrongly detained—can be overwhelming. This guide explains your rights, how the system works, and how TEZ Law Firm helps people secure their freedom.
1. What Is Border Patrol Custody?
When Customs and Border Protection (CBP) or U.S. Border Patrol encounters an individual, that person is often held in short-term detention—sometimes in overwhelmed facilities originally meant for hours, not days or weeks .
: Why it happens
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Entry at or near the border: Those crossing are often detained.
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Interior stops: CBP also detains individuals far from the border, sometimes in office-like rooms. One family was held for five days in plain offices after a traffic stop .
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Mistaken identity: Even U.S. citizens like Jose Hermosillo have been wrongly detained by Border Patrol .
2. Conditions in Custody
Reports continue to reveal serious concerns:
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Families, including toddlers, repeatedly held longer than the 72-hour limit in windowless, jail-like cells .
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Children without adequate hygiene, shower access, or fresh clothing—violating Flores Settlement standards .
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At least one detainee—a 52‑year-old woman—died by suicide while held alone for more than an hour in a camera-blind corner .
In response, federal courts extended oversight of CBP facilities, ensuring continued monitoring in places like the Rio Grande Valley and El Paso .
3. What Happens After You’re in Border Patrol Custody
CBP processes you under Title 8 immigration law. Based on initial screening, one of several outcomes may follow:
| Disposition | Description |
|---|---|
| Notice to Appear (NTA) or Recognizance | You’re released with a court date. |
| Expedited Removal | Fast-track deportation (e.g., “Securing the Border” rule). |
| Detention transfer | You’re sent to ICE, HHS, or state/local authorities. |
| Voluntary return | You opt to return to your home country. |
According to CBP data for FY2024–25:
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NTAs ranged from 27,766 to 191,782 monthly.
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Expedited removals numbered 4,634 to 29,250 monthly en.wikipedia.org+4cbp.gov+4cbp.gov+4.
4. Real-World Cases
Case Study – The Fresno Farmworker
Yan Garcia-Heredia, a Venezuelan asylum seeker legally working in Fresno, was mistakenly arrested and handed to ICE despite no charges. He was moved to Texas, making legal access nearly impossible sfchronicle.com.
Case Study – Jose Hermosillo
A lawful U.S. citizen arrested near the border and taken to Arizona detention without recognizing his citizenship. He was held for over 10 days before release en.wikipedia.org.
5. What Rights Do You Have in Border Patrol Custody?
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Right to due process: You must receive clear explanation of why you’re detained.
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Limited detention time: CBP facilities are allowed up to 72 hours under normal conditions.
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Basic necessities: Hygiene, showers, access to counsel, food, water, and medical care are legally mandated youthlaw.org.
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Family unity: Children must stay with parents unless separation is truly necessary; courts continue enforcing Flores protections theguardian.com+3childrensrights.org+3youthlaw.org+3.
6. How TEZ Law Firm Can Help
At TEZ Law Firm, our experienced immigration attorneys can help you:
🔹 Secure Release from Custody
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File for release on NTA or recognizance bonds
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Challenge unjustified or prolonged detention
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Locate individuals transferred across jurisdictions
🔹 Preserve Legal Rights
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Ensure access to legal counsel and notify family
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Document conditions that violated standards under Flores or other agreements
🔹 Fight Removals & Deportation
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Oppose expedited removal or improper detention
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Prepare for affirmatively pursuing asylum or relief
7. Why Prompt Legal Support Matters
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Short detention windows: Your window for release or legal relief is often under a week.
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Migrant routes are complex: Transfers between CBP, ICE, HHS, and local police can obscure your location.
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Avoid lost cases: Proper legal support can mean the difference between obtaining relief and facing deportation.
8. How to Find Someone in CBP Custody
TEZ Law Firm offers guidance and hands-on support to:
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Contact local CBP, ICE, or U.S. Marshals with the person’s name and birthplace.
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Use TEZ Law Firm’s network to trace transfers—often across Texas, Arizona, or other border states.
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File a habeas corpus petition if delay, wrongful detention, or mistreatment occurs.
📝 Real-world result: We located and secured a bond release for a mother who’d disappeared from CBP after being detained for a minor infraction—reuniting her with family in less than 48 hours.
9. Conclusion
Being in border patrol custody is often the start of a high-stakes legal journey. But you’re not alone. With the right legal team—rooted in compassion, aggressive advocacy, and mastery over evolving laws—your rights and freedom are defendable.
If you or a loved one finds yourselves in this situation, contact TEZ Law Firm immediately. We’re available 24/7 to trace transferred individuals, challenge unlawful detention, and fight for your release.
Ready to act? Visit our resource page:
https://tezlawfirm.com/finding-someone-in-cbp-custody/
TEZ Law Firm – Your legal partners in navigating border patrol custody and securing justice, every step of the way.
