How Long Are ICE Holds and How Do They Work?

March 03, 2022

Action Immigration

Deportations are at an all-time low in the United States. And while the reasoning behind the decline is due to several factors, the Biden Administration is deporting far fewer people than his predecessors.

Still, when undocumented immigrants get arrested, there is always a chance authorities could transfer them to ICE custody. Even with fewer deportations, ICE holds on inmates are becoming increasingly more common.

So what does that mean for arrested immigrants?

This article will tell you everything you need to know about ICE holds and what to do if someone you know is in ICE custody. 

All About ICE

ICE is the Immigration and Customs Enforcement agency. It is part of the Department of Homeland Security. ICE is responsible for immigration enforcement and dealing with transnational crime. 

ICE Holds Explained

When undocumented immigrants get arrested, ICE wants to get them transferred into their custody. Why? So they can arrange an ICE hearing and possible deportation for suspected criminals.

Of course, ICE can deport anyone who is in the US illegally. So even if authorities arrest an undocumented immigrant for a minor traffic violation, they could be subject to deportation.

ICE will place an immigration detainer or an ICE hold on undocumented immigrants in local custody. ICE holds give ICE agents time to collect the immigrant from authorities and put them in ICE detention. 

ICE holds are 48 hours long. But the 48-hour rule is only for business days, so it doesn't include Saturdays, Sundays, or holidays. 

How To Get Released From an ICE Hold

If no ICE agent takes custody of the immigrant on an ICE hold, the local authorities should release them from custody. But, this doesn't always happen. Therefore, it is better to prepare for no release.

Everyone needs to know their rights, especially undocumented immigrants. Those at ICE detention centers have the right to access the phone to make calls. This includes calling a lawyer. Those on an ICE hold also have the right to same-day release. 

Same-day release means paying an immigration bond. If the arrested immigrant needs to pay the bond on their crime, they must do so first before seeking an immigration bond. Even undocumented immigrants have the right to post bond. 

No one should feel like they don't have this right or need to accept a plea deal with the authorities to be free.

Most importantly, always remember that those detained by ICE are not obligated to speak to the ICE agents. ICE can use the information to create a deportation case. Thus, it is best to seek legal assistance to ensure quick release from jail and ICE custody.

Expert lawyers can assist immigrants through the complex legal system no matter what the problem is. They will also help with what to do after release.

Call Action to Take Action

If someone you know someone in ICE custody, you must help them and take action. We understand how frightening ICE holds can be.

Therefore, you can get a free quotation from us at Action Immigration Bonds & Insurance Services. Our professionals will guide you through securing an immigration bond and bringing your friend or family member home.

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