ICE Hold in Jail: Understanding Immigration Detainers
When someone is taken into custody, the legal terminology can often be confusing and overwhelming. One such term that frequently arises is “ICE hold.” Understanding what an ICE hold means in a jail setting is important for both detainees and their families. At Ybarra Maldonado Law Group, we believe in keeping our community informed and aware of their rights. For that reason, this article aims to demystify the concept and shed light on its implications.
An ICE hold, also known as an immigration detainer, is a request from the U.S. Immigration and Customs Enforcement (ICE) to a local jail or law enforcement agency. This request asks the local authorities to hold an individual for an additional 48 hours beyond their release date. The purpose of this hold is to give ICE time to decide whether or not to take the person into federal custody for immigration proceedings.
Legal Implications of an ICE Hold
An ICE hold is typically placed on individuals who are suspected of violating U.S. immigration laws. This could mean that they are in the country without proper documentation or have overstayed a visa. However, having an ICE hold does not automatically mean the individual will be deported. It simply means that ICE wants to review the case further.
When a person is under an ICE hold, their release from local jail is delayed. For instance, if someone is scheduled for release after posting bail or completing a sentence, the ICE hold means they will remain in custody for up to 48 hours. This hold excludes weekends and holidays, potentially extending the time in custody even further.
Many families do not realize how helpful it can be to prepare for a detention scenario before it ever happens. Having a plan in place, such as knowing which attorney to call, gathering important documentation, and understanding your legal rights, can significantly reduce stress and improve outcomes if an ICE hold is ever issued. Proactive preparation ensures that, in a moment of crisis, you or your loved ones are not scrambling for answers but instead have a clear and confident path forward.
The Debate Surrounding ICE Detainers
The concept of an ICE hold has been a subject of legal debate. Some jurisdictions comply with ICE detainers, while others have policies limiting cooperation due to concerns about civil rights violations. It’s important to consult with an immigration attorney if you or a loved one is facing an ICE hold, as legal representation can help navigate the complexities of immigration law.
If you find out that an ICE hold has been placed on you or a family member, here are some steps to consider:
- Contact an Immigration Lawyer: An attorney can provide legal advice and represent the individual in immigration proceedings.
- Gather Documentation: Collect any documents that prove legal status or any other relevant information that can help the case.
- Stay Informed: Keep up-to-date with changes in immigration laws and policies, as these can affect how ICE holds are handled.
Understanding an ICE hold is crucial for anyone who might be affected by immigration enforcement actions. By knowing your rights and seeking appropriate legal counsel, you can better face the challenges that come with an ICE hold.
Frequently Asked Questions (FAQ)
To help you better understand the nuances of this process, our team at YMLG has compiled answers to the most common questions we receive.
1. Does paying bail get someone out if they have an ICE hold?
Not necessarily. While you can pay the criminal bail, the jail will likely not release the individual to the street. Instead, paying the bail usually “triggers” the 48-hour clock for ICE to come and pick them up. If ICE does not arrive within that 48-hour window (excluding weekends/holidays), the jail is technically required to release them.
2. What happens after the 48 hours expire?
Legally, if ICE has not taken the individual into custody within the 48-hour window, the local jail no longer has the authority to hold them based on the detainer. At this point, the individual should be released. However, some jails may mistakenly continue to hold people; in these cases, an attorney from YMLG can intervene to demand their release.
3. Can an ICE hold be removed or “lifted”?
Yes, in some cases. An experienced attorney can sometimes persuade ICE to lift a detainer by presenting evidence of legal status, humanitarian issues, or by arguing that the detainer was issued without “probable cause.”
4. Will my loved one be moved to a different state?
If ICE takes custody, the individual is often moved to a federal immigration detention center. These facilities can be far from the original jail. It is vital to use the ICE Online Detainee Locator System or contact us to track where your loved one has been moved.
Steps to Take if Facing an Immigration Hold
If you find out that an ICE hold has been placed on you or a family member, consider these steps:
- Contact an Immigration Lawyer: An attorney can provide legal advice and represent the individual in immigration proceedings.
- Gather Documentation: Collect any documents that prove legal status, family ties in the U.S., or employment history.
- Stay Informed: Keep up-to-date with changes in immigration laws, as these affect how ICE holds are handled.
Get the Support You Need
At Ybarra Maldonado Law Group (YMLG), we serve as a steadfast shield for individuals and families facing the threat of immigration enforcement. Contact us today to secure the dedicated advocacy you need to face these challenges with confidence.
This blog post is made available by Ybarra Maldonado Law Group (YMLG) for educational purposes only and to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog, you understand that there is no attorney-client relationship between you and the publisher. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.