An immigration detainer — also known as an ICE hold — is a request from ICE to a local jail or law enforcement agency asking them to hold an individual for up to 48 additional hours beyond their scheduled release so that ICE can take custody. Understanding detainers is critical because they are one of the most common entry points into the deportation pipeline.
How Detainers Work
When a noncitizen is arrested by local police — even for a minor offense — their fingerprints are automatically shared with ICE through the Secure Communities database. If ICE identifies the individual as potentially removable, it issues a detainer (Form I-247A) to the jail, requesting that the individual be held and notified before release.
Are Detainers Mandatory?
Immigration detainers are requests, not warrants. Multiple federal courts have held that local law enforcement agencies are not legally required to honor ICE detainers and may face liability for holding individuals beyond their release date without a judicial warrant. However, in practice:
- Sanctuary jurisdictions: Many cities and counties have policies limiting or prohibiting cooperation with ICE detainers
- Cooperative jurisdictions: Other jurisdictions voluntarily honor ICE detainers, sometimes holding individuals beyond their release date
- 287(g) jurisdictions: Agencies with 287(g) agreements actively participate in immigration enforcement
Your Rights
- You have the right to a bond hearing before an immigration judge (in most cases)
- You have the right to challenge the detainer if it was issued improperly
- You have the right to an attorney
- You do not have to answer questions about your immigration status
- You may be eligible for release on bond, which requires demonstrating that you are not a danger to the community and are not a flight risk
Bond Hearing
If detained by ICE, you may request a bond hearing before an immigration judge. The judge will consider:
- Your ties to the community (family, employment, property)
- Your criminal history
- Your immigration history
- Whether you are a flight risk
- Whether you pose a danger to the community
Bond amounts typically range from $1,500 to $25,000 or more. Certain individuals are subject to mandatory detention and are not eligible for bond.
Facing a detainer? Request a free case evaluation immediately.