Wichita Bail Bonds Blog

When a person is arrested and suspected of being in the country without legal status, local law enforcement may place an immigration hold. This holds alerts Immigration and Customs Enforcement (ICE) to take custody. Many people wonder how long a jail can legally hold someone under an immigration detainer before ICE must act. The answer depends on the cooperation between local authorities and federal immigration agencies, as well as specific laws governing detention time limits.

What An Immigration Hold Means

An immigration hold, also known as a detainer, is a request from ICE asking a local jail or law enforcement agency to keep a person in custody temporarily after they would otherwise be released. This allows ICE time to arrange for transfer to federal immigration custody.

• Purpose – To give ICE notice and time to decide if the person should be detained for immigration violations.
• Not a criminal charge – The hold is an administrative action, not a new criminal arrest.
• Voluntary compliance – Local agencies are not required by federal law to honor detainers, though many do.

Time Limits For Immigration Holds

Federal regulations set clear limits on how long someone can be held on an ICE detainer once their local case is resolved. The maximum time is 48 hours, excluding weekends and federal holidays.

• 48-hour rule – Jails can hold a person for up to 48 hours after they would normally be released.
• After 48 hours – If ICE does not take custody within that period, the person must be released immediately.
• Violation of rights – Holding someone longer than allowed can lead to legal action against the facility or law enforcement agency.

What Happens After ICE Takes Custody

Once ICE assumes custody, the person is transferred to a federal immigration detention center. From there, officers determine if the individual will be released on an immigration bond or remain detained until their case is resolved in immigration court.

• Initial processing – ICE verifies identity, background, and immigration history.
• Bond eligibility – Some detainees may qualify for release on an immigration bond.
• Removal proceedings – If the case proceeds, the detainee appears before an immigration judge.

Factors That Can Affect Detention Time

Some factors can extend how long a person remains in custody under immigration authority after ICE takes control.

• Pending criminal charges – A person may remain in local jail until their criminal case concludes before ICE custody begins.
• Backlog in ICE processing – Delays within the immigration system can cause longer detention times once in ICE custody.
• Country of origin issues – Deportation can take longer if travel documents or repatriation agreements are delayed.

A jail can hold someone for up to 48 hours after their release date under an immigration detainer while waiting for ICE pickup. If ICE does not act within that time, the jail must release the person. Once in ICE custody, detention can continue until the individual is granted bond or their case concludes in immigration court.