What a detainer does
ICE may issue a detainer when it believes a noncitizen is removable, often following an arrest. If the jail honours it, the person can be held for up to 48 hours — excluding weekends and federal holidays — after the point at which they would otherwise have been released, so that ICE can take custody.
If it is not honoured, that is not the end of it. ICE can and does locate people after release.
An arrest is an immigration event, even without a conviction
Many people assume only convictions matter. In practice arrests and charges trigger enforcement too, and a case that is reduced or dismissed in criminal court can still leave a person in immigration custody while the grounds are examined.
This is why a criminal defence lawyer and an immigration lawyer need to be talking to each other early. A plea that solves the criminal problem can create an immigration one that cannot be undone.
What to do in the first 48 hours
- Find the A-number — it is on any immigration paperwork and it is how a person is tracked through the system.
- Locate them — ICE publishes an online detainee locator, searchable by A-number or by name and country of birth.
- Do not sign anything — particularly anything described as a voluntary departure or a stipulated removal, without advice.
- Call a lawyer — custody, bond eligibility and venue are decided early, and they shape everything after.
Bond
Where an immigration judge has authority to set bond, we ask for a hearing and prepare it properly — community ties, sponsor letters, employment, family responsibilities and anything that answers a danger or flight-risk concern.
Where there is mandatory detention, or where recent Board decisions remove the judge's authority to consider bond at all, we say so plainly and turn to moving the merits of the case quickly instead.
Questions we are asked about this
How do I find out where my relative is being held?
ICE's online detainee locator is the usual starting point; it searches by A-number, or by name, country of birth and date of birth. If you cannot find them, call us — people are frequently moved between facilities early on.
The charges were dropped. Why is ICE still holding him?
Because immigration grounds are assessed independently of the criminal outcome. Conduct that did not result in a conviction can still be examined under INA §212(a)(2) and elsewhere.
Can we post bond?
Sometimes. Eligibility depends on how the person entered the country and on their record. Establishing whether a bond hearing is even available is one of the first things we check.