Facilitating Marriages in Immigration Detention

For many detained noncitizens, the ability to marry is significant not only because it implicates a fundamental personal and legal right, but also because a valid marriage may establish eligibility for certain forms of immigration relief or benefits that may ultimately lead to release from U.S. Immigration and Customs Enforcement (ICE) detention. Despite the importance of this right, individuals in ICE custody often face substantial procedural and logistical barriers when attempting to marry, largely because there is no uniform, publicly available guidance governing how marriage requests are processed across detention facilities. This practice advisory serves as a practical resource for practitioners representing detained clients by outlining the legal framework, common obstacles, and strategies for facilitating marriage requests while clients remain in ICE custody.