How Do You Get Out of an ICE Hold?
- Marco Baez Vergara
- May 2
- 6 min read
An ICE hold is one of the most terrifying legal situations an immigrant can face in the United States. You're going about your life—maybe you're pulled over for a traffic violation or arrested for a minor offense—and suddenly you're informed that ICE (U.S. Immigration and Customs Enforcement) has placed a hold on you. What does that mean? Are you going to be deported? Can you get out?
This article will walk you through what an ICE hold is, how it works, what your rights are, and—most importantly—how you or a loved one can potentially get out of one. Whether you're reading for yourself or someone you care about, this is the reality check and the roadmap you need.
1. What Is an ICE Hold?
\An ICE hold (also called an “immigration detainer”) is a request from ICE to local law enforcement asking them to keep a person in custody for up to 48 hours after their scheduled release. This extra time allows ICE to come and take custody of the individual and begin immigration enforcement proceedings, like deportation.
These detainers usually occur when someone is arrested by local or state police and their fingerprints are shared with the FBI and ICE through routine databases. If ICE sees a match with a person they believe is removable (i.e., deportable), they can file a detainer request with the jail.
Key points:
ICE holds are requests, not orders.
The 48-hour window excludes weekends and holidays.
ICE uses this time to evaluate whether to take custody and begin removal proceedings.
2. Are ICE Holds Legal?
This is a hotly debated topic. The Supreme Court has never definitively ruled on whether ICE holds violate the Constitution, but several federal courts have found that detaining someone beyond their criminal release date without a judicial warrant violates the Fourth Amendment.
Despite this, many jurisdictions still honor ICE holds, especially in states with close cooperation between law enforcement and ICE. Others—like California and New York—have limited or banned cooperation with ICE detainers without a judge’s signature.
If you or a loved one is detained in a state that cooperates with ICE, you’re more likely to be held beyond your criminal case and handed over to immigration custody.
3. Can You Be Released on Bond With an ICE Hold?
Unfortunately, it’s complicated.
If you're held by local police with an ICE hold, you might still be able to pay criminal bond, but that doesn’t mean you’ll walk out free. In many cases, even if you pay bond for the criminal charge, the jail won’t release you—they’ll just wait for ICE to pick you up.
Once you're transferred to ICE custody, you might be eligible for immigration bond—separate from your criminal bond—but not always. It depends on your immigration history, any past deportation orders, criminal charges, and whether ICE considers you a flight risk or danger to the community.
4. How to Get Out of an ICE Hold (Step-by-Step)
Let’s break it down:
Step 1: Know the Charges
The first thing to do is determine why the person was arrested. Sometimes ICE holds are triggered by minor offenses, but others involve more serious allegations. The nature of the crime can affect how ICE handles the case—and whether a person is eligible for release.
Action tip: Contact the jail to find out the charges and check if a bond has been set.
Step 2: Contact an Immigration Attorney Immediately
Even if the person hasn't been transferred to ICE custody yet, it's critical to get an immigration attorney involved as early as possible. Many immigrants are handed over to ICE without being advised of their rights or given access to counsel.
A lawyer can:
File a motion to quash the ICE detainer.
Argue for release on bond.
Petition for a bond hearing before an immigration judge.
Help prepare a defense against removal (deportation).
Don’t wait until the transfer happens—once a person is in ICE custody, it gets harder and more expensive to fight the case.
Step 3: Determine Eligibility for Immigration Bond
Once in ICE custody, the person will be processed and detained at an immigration detention center. Some individuals may qualify for release on bond, while others won’t.
You may be ineligible for bond if:
You have a prior deportation order.
You’ve committed certain crimes (especially aggravated felonies).
You pose a national security threat.
If you're eligible, you or your lawyer can:
Request a bond hearing with an immigration judge.
Present evidence that you are not a flight risk or a danger to the community.
Show ties to the U.S., like family, employment, or community involvement.
Step 4: Consider Alternatives to Detention (ATD)
Even if you can't post bond, ICE has a program called Alternatives to Detention (ATD), which may allow you to live outside detention while your case proceeds. This could involve:
GPS ankle monitors
Weekly check-ins
Smartphone monitoring apps
This is often negotiated by your lawyer, and approval isn’t guaranteed—but it’s another pathway to freedom.
Step 5: Fight the Case in Immigration Court
Once the person is out (or even if they remain in detention), their removal case will continue in immigration court. Here, you’ll need to:
Apply for relief from deportation (e.g., asylum, cancellation of removal, adjustment of status, etc.)
Prove your eligibility
Gather documentation and prepare testimony
Immigration court is adversarial—ICE attorneys will argue for removal—so representation is essential.
5. What If the Person Already Has a Deportation Order?
This complicates things.
If ICE places a hold and the person already has an outstanding removal order (called a “final order of removal”), they may be:
Immediately deported without a hearing.
Detained for up to 90 days before removal.
However, all hope is not lost.
An immigration attorney may be able to:
File a motion to reopen the case.
Request a stay of removal (temporary stop to deportation).
Argue that the person qualifies for new relief based on changed circumstances or new eligibility (like marriage to a U.S. citizen or risk of persecution back home).
6. Your Rights Under an ICE Hold
You still have rights—even if you’re undocumented.
Here’s what to remember:
You do not have to speak to ICE agents or answer questions about your immigration status.
You have the right to remain silent.
You have the right to an attorney (though not at government expense).
You have the right to a hearing before an immigration judge, unless you’ve waived that right or already have a deportation order.
Don’t sign anything without talking to a lawyer. ICE may pressure detainees to sign voluntary departure or stipulated removal agreements—both of which result in fast deportation.
7. What to Do If a Loved One Is in ICE Custody
If you’ve learned that a family member or friend is being held by ICE, here’s a plan:
Confirm their location using ICE’s online detainee locator:https://locator.ice.gov
Get their A-number (Alien Registration Number). This is a 9-digit number used to track immigration cases.
Hire an immigration attorney immediately to evaluate their options and take action.
Gather documentation that shows ties to the community, family relationships, letters of support, proof of employment, or medical needs—these will all help if a bond hearing is requested.
Don’t delay. ICE moves quickly, and time is critical.
8. Common Myths About ICE Holds
❌ “If I pay the criminal bond, they’ll release me.”
Not always. The jail may honor the ICE hold and transfer you directly to immigration custody.
❌ “They can’t deport me if I’ve lived here a long time.”
Length of time helps your case, but it's not automatic protection. You’ll still need to prove eligibility for relief in court.
❌ “I’ll just wait and see what happens.”
Bad idea. ICE cases move fast, and decisions made early on—like whether you signed anything or got legal help—can make or break your chances.
9. What Happens If ICE Doesn't Pick You Up?
Here’s a twist—sometimes, ICE files a detainer but never shows up. If the 48-hour period passes (excluding weekends and holidays) and ICE hasn’t arrived, the jail must release you.
That said, some jails ignore this and hold people longer, which is illegal. In those cases, a lawyer can file a habeas corpus petition to force release and possibly even sue for unlawful detention.
10. Final Takeaways
An ICE hold is not the end of the road—but you have to act fast, stay informed, and get legal help. Every case is different, but many people do get released, win their cases, or qualify for relief. Time, preparation, and smart decisions make all the difference.
Get Legal Help from Experienced Immigration Attorneys
If you or someone you love is facing an ICE hold, don’t try to figure it all out alone. These cases are serious, time-sensitive, and legally complex.
Pollack & Pollack Law in Florida has helped countless families fight ICE detention, navigate immigration court, and stay together. Their team understands what’s at stake and will work with you to build the strongest possible case.
📍 Based in Florida
📞 Contact: https://pollackandpollacklaw.com
Don't risk detention or deportation without a plan. Call Pollack & Pollack today and take the first step toward freedom and peace of mind.
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