How Long Can ICE Hold a Detainee?

When a person arrives in the United States without taking the proper legal route of entry, or when they overstay their Visa, they are at risk of being arrested by the Immigrations and Customs Enforcement (ICE) agency. These arrests often happen unexpectedly as the result of a typical traffic stop, workplace raid or through other unanticipated run-ins with ICE agents or local law enforcement agents (LEA). These immigrants often have established lives here in the United States with homes, families, and steady employment. An unexpected stay in an ICE facility can cause excessive stress for the immigrants themselves as well as their families as they wonder, “how long can ICE hold a detainee?”.

Luckily, most immigrants that are detained by ICE are eligible for release shortly after their initial arrest through an immigration bond. Much like a bail bond, immigration bonds require the payment of a specified sum of money that will act as collateral and ensure the cooperation of the immigrant after their release. Usually a detained immigrant will know whether they are eligible for an immigration bond and how much it will cost within a day or two of arriving at the ICE facility. At this point, the immigrant can be released as soon as an immigration bond sponsor pays the full amount of their bail bond. Immigration Judges can lower the amount of this bond if a Bond Redetermination hearing is requested by the immigrant; however, there is no guarantee that the amount will change.

If the sponsor can pay the amount in full, they must schedule an appointment at a local ICE facility to pay in cash. The sponsor must be a United States citizen or legal permanent resident that is in good standing. Along with the cash payment, they must also show their original social security card and sign the required paperwork. When this process is completed, the immigrant will be released from detainment within an hour or two.

When an immigrant’s family and loved ones are unable to come up with the funds needed to pay for the immigration bond, they may opt to use a bail bond immigration service. With this option, a sponsor is only required to pay a small percentage of the bond amount and provide a form of collateral, such as the title to a vehicle or the deed to a property. After the fee is paid, the company will arrange the release of the immigrant from detainment the same day.

Unfortunately, there is no limit to how long ICE can detain an immigrant that is not eligible for a bond. In most cases, these immigrants will be held in mandatory detainment until their case concludes in court. This is often because they are perceived as a threat to the community or national security because of their criminal history or because they are viewed as a flight risk. In these situations, the immigrant may be detained for as little as a few weeks or for several years while their case processes through the immigration courts.

Are you curious about how long can ICE hold a detainee or want to learn more about how we can help to get your loved one released from detainment? Contact us today to discuss the details of your case.