The United States Immigration Customs and Enforcement (ICE) agency is responsible for monitoring, detaining and removing illegal immigrants. They may take the illegal immigrant into custody through any number of ways and it often occurs unexpectedly. Many immigrants, along with their families and loved ones, are held in facilities while questioning, how long can ICE hold you in jail?
Held By ICE in Jail
ICE agents typically arrest illegal immigrants through raids or directly at an immigrant’s residence, but they have been known to use several other tactics. When this occurs, the immigrant will be taken directly to an ICE facility or contracted prison. From there, they will decide whether to hold the immigrant or to monitor them through other means, such as ankle bracelet monitoring. If detained, many will be made aware of their eligibility for an immigration bond within the first few days of arriving. Those who are eligible can be released as soon as they secure an immigration bond sponsor who can pay the bond. They must then cooperate with the terms of the bond or risk being detained again until their case is resolved. Those who are not eligible for a bond may be subject to mandatory detention, so how long can ICE hold you in jail depends on how long it takes for the case to process through the court system.
Detained by Local Law Enforcement
If an illegal immigrant is arrested by local law enforcement, instead of ICE agents directly, it can be for any number of reasons. They may be arrested after something as minor as a routine traffic stop or as serious as a felony charge. In either scenario, the immigration status information may be reported to ICE. If the agency wishes to take custody of the immigrant, they may ask local law enforcement agents to hold the immigrant. Although many of these agents do not comply with ICE, those that do will hold the immigrant in a 48-hour detainer. This gives ICE time to collect the detained person. If they do, they will transfer the immigrant to an ICE detention facility or contracted prison for detainment. If they do not and there are no other criminal charges warranting jail time, the immigrant will be released after this period. Otherwise, the immigrant will proceed to go through the criminal justice system for their alleged crimes.
ICE Mandatory Detention Jail
In some cases, illegal immigrants detained by ICE are subject to mandatory detention. This means that they must remain in an ICE facility or local prison until their case is resolved. This is generally the case when the immigrant has a criminal history, is viewed as a threat to the community or national security. It can also apply to those who are a flight risk or those who have previously been deported from the United States. This means that they are ineligible for an immigration bond and how long ICE can hold you in jail, at this point, will be determined by how long it takes for the courts to decide whether or not you should be removed from the country. This time varies, but generally takes between a few months to a few years.
Border Zone Holds
Unlike illegal immigrants who have overstayed Visas or have otherwise been established in the country for several years, those who are caught within border zones may go through expedited removal. This means that they will skip detainment, or stay for a short period of time, before being automatically sent back to their natural country; except in cases where the immigrant is seeking asylum. They will not be eligible for immigration bonds or ankle bracelet monitoring.
Are you or a loved one curious about how long ICE can hold you in jail? Contact us today to learn how we can help with immigration bonds and same day releases.