When a family member is held in an immigration detention center

If you have been told that your family member is being held, organize things in the following order.

• Check whether you received a detention notice. When someone is detained, immigration officers must inform their family or others in writing within 3 days of the date, place and reason for detention.
• Confirm the place of detention (which immigration office's holding room, or which immigration detention center) and the contact details of the department in charge.
• Gather information on where your family member's passport is, their alien registration number, their status of stay, and documents showing family relationships with Koreans.
• If your family member has ongoing court cases, unpaid wages or an illness under treatment, gather the related documents separately.
• Decide who can act as a guarantor and an address where they can stay.

What is said and signed during detention is used as is in later procedures.

• Encouraging your family member to sign documents they do not understand.
• Thinking that refusing to cooperate with removal will lead to faster release. Not cooperating with removal can be a reason to extend detention (Immigration Act Article 63(2)).
• Thinking that preparing the deposit is all you need. Temporary release is decided by looking at the reasons and the evidence.
• Believing a broker who promises to get them out in exchange for money.

Detention to review whether a person is subject to deportation is limited to 10 days, and can be extended once by another 10 days if unavoidable. If, after a deportation order, the person cannot be removed immediately because they have no passport or transportation, they can be detained for up to 2 months.

Under the amendment in force since June 2025, detention beyond 2 months can only be extended 3 months at a time with the approval of the Immigration Detention Committee. The total detention period in principle cannot exceed 9 months, and even in exceptional cases such as refugee lawsuits or serious crimes, it cannot exceed 20 months. Once the limit is exceeded, the person must be released immediately (Articles 63 and 63-2). Before applying for approval to extend, the person must be given a chance to state their opinion (Article 66-3).

If you object to the detention itself, you can request a review of the detention by the Immigration Detention Committee. The Committee must decide within 3 weeks of receiving the documents, and can extend this once by up to 2 weeks if unavoidable.

If there are specific reasons for release, apply for temporary release from detention. Not only the detained person but also a guarantor or family member can apply, and the application should be accompanied by evidence explaining the reasons and showing the ability to pay the deposit. If release is granted, a deposit of up to KRW 20 million must be paid and conditions such as restrictions on residence and regular reporting must be followed.

If a deportation order has been issued, you should also consider an objection within 7 days of receiving the order and an administrative lawsuit within 90 days. Detention and deportation are separate decisions, and each is challenged in a different way.

Jisan Law visits the detention facility to hear the person's circumstances directly and checks how the detention happened and the related documents. We write the review request and the application for temporary release together with supporting evidence, and if an objection to a deportation order or an administrative lawsuit is needed, we continue with those. We can consult with the family in English.

The first few days after detention are important. If your family member has been detained, let us know first through the chat on this page.