Finding out that your family member has an ICE hold can be alarming and confusing. But taking fast and informed action can make a big difference in the outcome. In this blog, we explain what an ICE hold means and what immediate steps you should take to protect your loved one’s rights.
What Is an ICE Hold?
An ICE hold—also known as an immigration detainer—is a request made by U.S. Immigration and Customs Enforcement (ICE) asking a local or state jail to keep a person in custody for up to 48 additional hours after they would normally be released. The purpose is to give ICE time to take the individual into immigration custody.
It’s important to understand that an ICE hold is not a court order. Local jails are not required by federal law to comply with all ICE detainers. Also, holding someone past their lawful release time can violate their constitutional rights.
Immediate Steps You Should Take
1. Get the Person’s A-Number
This is the individual’s alien registration number (usually starts with “A” followed by numbers). It’s essential to track their immigration case and locate them in ICE’s system.
2. Locate Where They Are Being Held
Use the ICE Detainee Locator tool online. You’ll need the A-Number or their full name, date of birth, and country of birth.
3. Contact an Immigration Attorney Immediately
The government does not provide free lawyers in immigration cases. Hiring an experienced immigration attorney quickly is crucial to protect your loved one’s rights and explore possible defenses.
4. Request a Copy of the ICE Hold
This document helps verify the reasons behind ICE’s request to detain your loved one and whether it follows proper legal procedures. It’s often key to challenging the hold in court.
5. Find Out If Bond Is an Option
Depending on the individual’s criminal and immigration history, they may be eligible for release on bond. Not everyone qualifies, but an attorney can help determine this.
6. Challenge the Validity of the ICE Hold
If the hold lacks legal basis—for example, if there’s no probable cause or the person is held too long—your attorney can file a motion to have the person released or to stop the transfer to ICE.
7. Gather Supporting Documentation
Collect documents that show ties to the community, family relationships, employment, or good moral character. These can support bond requests or humanitarian arguments.
8. Track Legal Deadlines
ICE must act within specific time frames. If it doesn’t respond within 48 hours after a scheduled release, your attorney may have grounds to request immediate release.
Important Legal Considerations
- Not All Jails Cooperate with ICE: Some states and counties limit how much they collaborate with ICE detainers.
- Mandatory Detention Applies in Some Cases: Certain convictions may require ICE to detain someone without bond.
- ICE May Drop the Hold: In some situations, ICE chooses not to take custody, especially if there are strong legal challenges.
- Local Laws Vary: Detainer practices differ depending on the state or county. It’s important to understand your local policies.
Need Help with an ICE Hold?
At J. Molina Law Firm, we have helped many families navigate the fear and uncertainty of an ICE hold. We know what steps to take—fast—and how to fight for your loved one’s rights.
Call us today for a personalized consultation. We’re ready to stand by your side and help you protect your family’s future in the United States.
