What is an ICE Hold Charge?

When an immigrant with no legal status is arrested, Immigration and Customs Enforcement (ICE) may place a “hold” on them. This means if a loved one attempts to pay a bond in order to have the immigrant released, the local authorities will not release them, pending transport to an ICE detention center. When such an individual has been arrested, local law enforcement automatically runs his or her fingerprints through various federal databases. This action notifies ICE that the individual is in local custody and that there is no record of the individual having a lawful status.

ICE then places a hold on a non-citizen whenever it believes that the individual is subject to removal by filing a detainer with the local law enforcement agency. The detainer requests the law enforcement agency to notify ICE in advance of its intention to release the individual, and to hold that individual for an additional 48 hours, excluding weekends and holidays, in order to allow ICE to take custody of the individual.

Does an ICE Hold Mean That I am Being Deported?

An ICE hold does not automatically mean that a person is subject to deportation as soon as ICE takes custody. Normally, an ICE hold simply means that removal proceedings are beginning. Many individuals in this situation are entitled to be released from ICE custody, pending a removal hearing date in the future. Some individuals must pay a bond in order to be released from ICE custody. Other individuals may be released from ICE custody on their own recognizance without a bond, or with electronic monitoring.

ICE Hold Chrage? Get a Free Consultation with an Oakland Immigration Lawyer

The deportation defense lawyers of Landerholm Immigration, A.P.C., pride themselves on aggressively representing the interests of those immigrants who are facing potential deportation by American immigration authorities. We recently fought and won a complex bond case that we discuss on youtube here. Our goal is to gather evidence in your favor, build on a strong case on your behalf, and develop a strategy that is best designed to help you remain in the United States and move on with your life. The earlier we can get started with your case, the more likely you are to prevail in your deportation proceedings. Don’t hesitate to contact us today and learn what we can do to assist you.

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