What Is An Immigration Hold?

An immigration hold, often referred to as an ICE hold or detainer, is a request made by U.S. Immigration and Customs Enforcement (ICE) to hold a person in custody for a period after they are set to be released by local law enforcement. This hold is placed on individuals suspected of being in the U.S. unlawfully or facing deportation proceedings, and it can delay their release from custody.

What Is An Immigration Hold?

Definition and Purpose:

An immigration hold is a detainer request issued by ICE to local law enforcement agencies, asking them to keep an individual in detention for an additional period after they are due for release. The purpose of the hold is to allow ICE to take custody of the person and begin deportation proceedings or initiate further action related to their immigration status.

The hold is typically placed on individuals suspected of being in the U.S. unlawfully or those who have committed violations of immigration laws, such as overstaying a visa or entering without authorization.

How It Works:

When a person is arrested by local law enforcement for a criminal offense or detained for any reason, ICE may place an immigration hold if they suspect that the individual is not in the country legally.

The local authorities must notify ICE once the person is about to be released (e.g., after serving time in jail). ICE can then request that the person be held for up to 48 hours beyond their scheduled release, excluding weekends and holidays, to give them time to take custody of the individual.

This detention is separate from any criminal charges the person may be facing. It is specifically related to their immigration status and potential deportation.

Effects of an Immigration Hold:

• Delayed Release: If ICE places an immigration hold on someone, their release from jail or custody is delayed until ICE can take custody of them. Even if the person has completed their sentence for criminal charges, they may be held for additional time under the hold.
• Deportation Proceedings: After taking custody, ICE may initiate deportation proceedings to remove the individual from the U.S. or place them in an immigration detention facility.
• Risk of Detention: While an immigration hold does not automatically lead to deportation, it increases the risk that the individual may be detained by ICE and face removal proceedings. The person could be detained in an immigration detention center pending further hearings or decisions regarding their immigration status.

Impact on Release from Custody:

Individuals who are subject to an immigration hold may face difficulty obtaining release after their criminal sentence or bail. They can be detained for an extended period due to the detainer request placed by ICE.

It is important to note that an immigration hold is not the same as a criminal charge. It is a request for additional time in detention specifically related to immigration issues.

Challenges and Controversies:

Legal and Constitutional Issues:

Immigration holds have been controversial in some cases. Critics argue that they violate individuals' rights, particularly if the person is not provided an opportunity to challenge the hold in court. Some argue that it can lead to prolonged detention without due process.

Sanctuary Cities:

Some jurisdictions, known as sanctuary cities, have adopted policies that limit cooperation with ICE holds. These cities may choose not to honor detainer requests, citing concerns over civil rights violations or the impact on trust within immigrant communities.

Local Law Enforcement:

The decision to honor an immigration hold rests with local law enforcement, and some may choose not to comply, particularly in places where immigration enforcement is seen as a federal responsibility rather than a local one.

Challenging an Immigration Hold:

If a person is subject to an immigration hold, they or their attorney can challenge it in court. This might involve proving that they are legally present in the U.S. or that their detention is unjustified.

If an immigration hold is placed on someone unlawfully, they may be able to seek a release from detention through a legal petition or motion in court.

Possible Outcomes:

• Deportation: If ICE decides to take custody of the individual, they may begin deportation proceedings to remove the person from the country.
• Release: If the individual is determined to have legal status or is granted relief, they may be released after the hold is lifted. Alternatively, they might be able to post bond and fight their case from outside detention.

Example:

A person is arrested for a minor offense in a local city and is about to be released after completing their sentence. However, ICE places an immigration hold because the individual is suspected of being in the U.S. without legal status. The local authorities notify ICE, and the individual is held for an additional 48 hours while ICE determines whether to take custody for possible deportation proceedings. If ICE does not act within that time frame, the individual may be released, but if they take custody, the person could face detention in an immigration facility.

Conclusion:

An immigration hold (ICE detainer) is a tool used by immigration authorities to keep individuals in custody beyond their scheduled release in order to determine their immigration status and begin deportation proceedings if necessary. While it is a legal tool for immigration enforcement, it has also been the subject of debate due to its impact on individuals' rights and the potential for prolonged detention. If you are facing an immigration hold, seeking legal counsel is crucial to understand your rights and options for challenging the hold or seeking release.