ICE Hold

#What this actually means

An ICE hold (officially called an immigration detainer, Form I-247A) is a request from Immigration and Customs Enforcement to a local jail or law enforcement agency. It asks them to keep holding someone for up to 48 additional hours after they would otherwise be released, so ICE can come pick them up for immigration enforcement purposes.

Key word: request. An ICE hold is not a warrant. It's not a court order. Whether local law enforcement honors it depends on the jurisdiction's policies.

#Why it matters

If you or someone you know is arrested — even for something minor — an ICE hold can turn a local jail stay into the start of deportation proceedings. The person might post bail or have charges dropped, but ICE can still take custody and begin removal proceedings.

This is one of the most common ways people end up in immigration detention. It's also one of the most legally contested — several courts have found that honoring ICE holds without a judicial warrant violates the Fourth Amendment.

#Where this comes up

• After any arrest, even for minor offenses like traffic violations
• In waiver cases — a prior ICE hold or detention can complicate future immigration applications
• In sanctuary cities vs. non-sanctuary cities, where policies on honoring detainers differ dramatically

#Key things to know

• An ICE hold is a request, not a mandate. Some jurisdictions refuse to honor them without a judicial warrant.
• The 48-hour clock starts when you would otherwise be released (bail posted, charges dropped, sentence served). If ICE doesn't show up, the facility should let you go.
• If you're taken into ICE custody, you may be placed in immigration detention and served a Notice to Appear (NTA) for removal proceedings.
• Having an ICE hold on your record doesn't automatically mean you'll be deported. You may still have defenses or relief available. Talk to an immigration attorney immediately.