ICE Detainers: Frequently Asked Questions (2024)

FAQs

What happens when you have an ICE detainer? ›

An ICE detainer asks the current jailor for two things: 1) notify ICE about the person's time and date of release, and 2) hold them for an extra 48 hours to give ICE time to arrive and take custody.

Important! ICE can put an immigration “hold” or “detainer” on you if you are deportable. If ICE puts a hold on you, ICE will likely pick you up from the jail. To allow ICE to do this, the jail will probably keep you for up to 48 hours after the time you are supposed to be released.

The removal process can take from several days to several months. Generally, the criminal alien remains in custody until ICE can remove the criminal alien to his or her country. On occasion, ICE may not be able remove a criminal alien.

If you have been detained by ICE, you have the right to contact your consulate or have an officer inform the consulate of your detention. Remember your immigration number (“A” number) and give it to your family. It will help family members locate you. Keep a copy of your immigration documents with someone you trust.

A: By issuing a detainer, ICE requests that a law enforcement agency notify ICE before releasing an alien and maintain custody of the subject for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays, to allow ICE to assume custody.

A WARRANT is an order from the court for the police to take you into custody . . . arrest you. The assumption is that you are out, free, and walking around. A DETAINER is a document given to a jail or prison where you are already locked up.

What is a detainer? U.S. Immigration and Customs Enforcement (ICE) lodges detainers on individuals who have been arrested on criminal charges and who ICE has probable cause to believe are removable non-citizens.

How do I know if I am in removal proceedings? If you have been given a paper to go to immigration court, then you are in removal proceedings. To check on your immigration court case, call 1-800-898-7180 and enter your "A-number." Your A-number is the "alien registration number" on the court notice.

Your immigration status should have no effect on your ownership and access to your money. The U.S. government cannot seize your money simply because you are an unauthorized immigrant.

If immigration officers (ICE) come to your work place, they must have a valid search warrant or the consent of your employer to enter non-public areas.

What does an ICE background check consist of? ›

Once these forms are received, ICE will obtain and review your criminal history report, credit report, and other forms submitted to make a risk-based preliminary suitability determination. This preliminary suitability determination may allow you to enter on duty while a full background investigation is being conducted.

HSI criminal investigators, also referred to as special agents, conduct criminal and civil investigations involving national security threats, terrorism, drug smuggling, child exploitation, human trafficking, illegal arms export, financial crimes, identity fraud, benefit fraud, commercial fraud and more.

The detainees should also be permitted to seek assistance from their legal representatives, family, or other detainees. Staff shall allow detainees to make such calls as soon as possible after submission of requests, factoring in the urgency stated by the detainee.

Beware: ICE agents often pretend to be police and say they want to talk to you about identity theft or an ongoing investigation. Can ICE agents enter my home to arrest me? If ICE agents do not have a warrant signed by a judge, they cannot enter the home without permission from an adult.

A person reported to ICE for being undocumented would be investigated, if it was found that they were indeed illegal, ICE would intercept them, place them in detention, awaiting an immigration hearing, they'd be given the opportunity of defense, hire an attorney to represent them if they so wished.

Some organizations suggest the average hold time is less than a month, while others say it's two or three months. But, some people have been in custody for years. Thus, the average length of stay in immigration detention depends on each person and their circ*mstances.

Detention by ICE: If a person with deportation orders is considered a flight risk or a danger to the community, ICE may take them into custody immediately after their release from jail. They will be held in an immigration detention facility pending deportation or removal proceedings.

Immigrations and Customs Enforcement (ICE — pronounced “ice,” like a cube) detention is civil detention. It is not intended to be punishment for a criminal conviction, though conditions are often as bad or worse than those you'd find in prison.

An immigration detainer, or “ICE hold,” is a request from U.S. Immigration and Customs Enforcement (ICE) to a state or local law enforcement agency to hold someone until the person can be taken into federal immigration custody.