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How Long Can ICE Hold an Immigrant?

ICE hold Immigrant

After an immigrant is taken into custody by the Immigration and Customs Enforcement (ICE) agency, the first thought that many immigrants and their loved ones have is simply, “how long can ICE hold an immigrant?” This is largely because an extended period of absence from loved ones is disheartening for everyone involved. Fortunately, however, many who are detained by ICE are eligible for release from detainment relatively quickly through an immigration bond. While this process does not eliminate all pending charges, it can allow families to be reunited while the case makes its way through court.

If an immigrant is initially arrested by an ICE agent, they will first be evaluated to determine whether they need to be detained in an ICE facility or contracted prison. If they are held in detainment, ICE will also decide if the immigrant is eligible for release through an immigration bond. If they are, they will be notified within the first day or two.

From there, they can secure an immigration bond sponsor. This sponsor must be a U.S. resident or permanent resident that is in good legal standing and in possession of an original social security card. The sponsor will be responsible for paying the amount of the immigration bond. If the amount for bail is too high for the sponsor to pay, the immigrant may also request a motion for bond re-determination where an immigration judge will re-evaluate the bond set by ICE. If the amount is still out of reach, loved ones can also turn to a bail bond service or agent at this point. In this case, they are only required to pay a percentage of the total bond (typically 10-15%), along with a form of collateral. Regardless of which method is utilized, immigrants are typically released within hours of the bond being paid.

If an immigrant is initially picked up by local law enforcement, they may be held for up to 72 hours while they wait for an ICE agent to take them into their custody. It is important to note that not all local law enforcement agents are cooperative with ICE and may forgo this hold based on local regulations. If no other charges are pending and ICE does not pick up the immigrant within the specified time frame, the immigrant will be released.

For those who are not eligible for an immigration bond and are curious how long can ICE holds an immigrant, the amount of time will vary. When an immigrant is held in mandatory detention because they are deemed as a threat to national security or the community, they must be held in an ICE facility or contracted prison until a final ruling is made in their immigration case. In some cases, this may take a few short months and in others, it can take several years. There is no way to determine the exact length of time that an immigrant in this situation will be held, however, it will largely depend upon the number of cases pending in the area, the country from which the immigrant hails, and other specifics regarding each individual case.

If you have a loved one that is currently being detained and you have questions regarding how long can ICE hold an immigrant, immigration bonds, or mandatory detentions, reach out to us today to learn more about the options that are available to you.