What happens when someone gets arrested and suddenly finds out there’s an ICE hold involved? For many, it’s a confusing and intimidating situation. An ICE hold can change everything about a person’s case, including how long they stay in jail, whether they can post bail, and even if they’ll be deported. Knowing your rights is essential.
What Is an ICE Hold?
An ICE hold, also called an immigration detainer, is a request sent by U.S. Immigration and Customs Enforcement to a local law enforcement agency. When someone is arrested and booked into jail, ICE can ask the jail to hold that person for up to 48 extra hours after their criminal case is resolved. The goal? To give ICE time to take custody and begin immigration enforcement proceedings.
Here’s the key thing: An ICE hold is not a formal arrest or a legal warrant. It’s a request. And that matters a lot when it comes to your rights.
How Does an ICE Hold Affect Your Criminal Case?
If someone has an ICE hold placed on them, it doesn’t mean they’re being charged with a new crime. The local criminal case moves forward as usual, whether that involves posting bail, going to court, or serving a sentence. But here’s where things get complicated.
Let’s say bail is granted. Normally, the person would be released once it’s paid. With an ICE hold, the jail might hold them anyway, refusing to release them to the public and instead notifying immigration officers.
That means:
- Even if you win your criminal case, you could still be transferred to immigration custody.
- Posting bail might not lead to freedom.
- You may have very little time between release from the jail and ICE pickup, or no time at all.
Your Rights While in Local Custody
This is where many people get it wrong. Being held on an ICE detainer doesn’t erase your rights under the Constitution.
You still have the right to:
Remain silent
You don’t have to answer questions about your immigration status or where you were born.
Speak to a lawyer
You can request to speak to an attorney before talking to immigration officers.
Refuse to sign anything
You are not required to sign immigration documents. Doing so without understanding them can result in deportation.
The moment ICE becomes involved, it’s important to exercise these rights. Do not assume cooperation will lead to better treatment. Always ask for legal guidance before answering questions or signing papers.
What Happens After ICE Takes Custody?
Once ICE picks someone up from a local jail, they are transferred to immigration detention. This is a separate system from the criminal court. Immigration detention centers have different rules, procedures, and standards of release.
In this next stage, several things can happen:
- Bond hearing – The person might be eligible for an immigration bond. A judge will decide if release is allowed and set the amount.
- Notice to Appear (NTA) – ICE will issue this document to begin removal proceedings. It lists the reasons they believe the person should be deported.
- Deportation process – If no relief is granted, the case moves toward deportation. But there may be options to fight it depending on past immigration history, family ties, or fear of return to the home country.
It’s critical to understand that immigration detention is not automatic deportation. There are legal defenses available, but they must be acted on quickly.
Can You Fight an ICE Hold?
Yes, and in some cases, successfully. ICE holds are not legally binding in every state, and courts have ruled that local law enforcement does not have to honor them. Some jails even choose to ignore them entirely unless a judge signs a warrant.
There are also situations where ICE holds are placed on the wrong person, on a lawful permanent resident, or based on outdated information. Legal representation makes a major difference in these cases.
When someone is facing both criminal and immigration systems at the same time, having a legal team that understands both areas is crucial. Criminal defense lawyers often coordinate with immigration attorneys to prevent unnecessary detention and protect rights at every stage.
What Can Family Members Do?
If your loved one is in jail and there’s an ICE hold, don’t wait to act. Time matters. Here’s what you can do:
- Get legal support fast – Contact an immigration attorney right away. Delays make things worse.
- Don’t post bail immediately – In some cases, posting bail just leads to faster ICE pickup. Always check with a lawyer first.
- Collect documents – Proof of residence, family relationships, and work history can help during immigration hearings.
- Avoid immigration interviews – If ICE tries to visit your loved one in jail, they can refuse to speak without a lawyer present.
Families often feel powerless, but knowing the system and working with the right advocates can make a real difference.
Know What to Expect Before It Happens
No one thinks they’ll be the one with an ICE hold. But for thousands of people each year, it happens out of nowhere. Maybe during a traffic stop. Maybe after a minor arrest. Maybe even by mistake.
The key is to be prepared, not panicked. ICE holds are complicated, but they don’t have to end in disaster. The more you understand your rights and how the system works, the better chance you or your loved one has to stay safe, informed, and protected.
Take Control Before They Do
Immigration enforcement isn’t always fair. It often moves fast, skips steps, and puts people into confusing legal situations they don’t know how to handle. But knowing your rights and using them confidently can shift the outcome.
Don’t let fear or confusion lead to silence. Speak up, get help, and know that an ICE hold doesn’t have to be the end of the road.
