How to Release Someone From ICE Holds

July 23, 2024

Action Immigration

As of February 2024, close to 40,000 people sat in ICE custody. If you have a friend or a loved one among that number, you might feel scared or confused. How do you get your loved one out of ICE holds?

You don't need to face this difficult situation alone. You can get help from an immigration lawyer who knows your rights and the rights of your friends and loved ones.

Keep reading for more information. We'll explain ICE holds, how to get the individual home, and the next steps you should take.

What Are ICE Holds?

ICE holds, also called immigration detainer or immigration holds, occur when law enforcement detains someone without legal status.

When this happens, local law enforcement notifies immigration enforcement. ICE can then choose to add an immigration hold to the detainee's status.

Will Posting Bail Get My Loved One Out?

While the detainee can still post bail or pursue a bond, posting bail won't lead to immediate release. The ICE hold takes precedence. ICE has two full business days after the detainee posts bail to send an immigration officer over to take the detainee into custody.

If ICE does not send someone within 48 hours of the detainee posting bail, the detainee can leave. If ICE collects someone held with an immigration detainer, they will then take the individual to an ICE detention facility.

What Happens Next?

If your loved one under an immigration hold gets moved to a detention facility, you should ask if ICE officials have the authority to allow them out on bond. Immigration bail bonds let any person with U.S. legal status secure the release of an undocumented person. If the detainee fails to show up to court dates or other mandatory hearings, the government keeps the money.

In most cases, rather than fronting the money yourself, you'll turn to a bail bonds company. These companies offer immigration bonds in exchange for a fee called a premium. They will also expect valuable collateral, which they can take possession of if the detainee doesn't show up to hearings.

If ICE officers lack the authority to allow the detainee out on bond, you can request an ICE bonds hearing. A judge reviews the facts of the case and determines whether the detainee can await hearings on bond. If the judge or ICE officer considers the detainee a flight risk, the detainee will await immigration hearings in ICE custody.

Regardless of what ICE does during the hold, once an ICE hold occurs, you should hire an immigration attorney. An attorney will know how the immigration hearing process works and have insights that will make it easier to navigate the process.

Holding Out Hope

ICE holds can present a frightening prospect for you and your loved ones. Contacting an immigration bail bonds company and an immigration attorney can make the process easier. Make sure to remain in contact with both ICE and local law enforcement.

If you need an immigration bond, whether you want a voluntary departure bond or a delivery bond, contact us at Action Immigration Bonds. We've worked with thousands of detainees and their families, and we can answer any questions you have in English or Spanish. 

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