What is an ICE Hold?
Whenever someone is arrested for allegedly committing a criminal offense, they are normally booked into their local county jail. If the person that was arrested is a non-citizen or has no legal status in the United States, that individual can receive an immigration detainer from federal immigration and customs enforcement officials. The immigration detainer is more commonly known as an “ICE hold”
An “ICE Hold” (also known as an immigration hold or immigration detainer) is a request from immigration and customs enforcement (federal officials) to the local jail (state officials) asking them to hold the inmate for an additional 48 hours after the inmate is supposed to be released from state custody. The request is made by ICE officials because they have the intention of taking custody of that individual upon their release from state custody.
This means that if an individual with an ICE hold posts bond on their state charges or resolves their state case (dismissal of charges, plea deal), they will not be immediately released into the community. Instead, state authorities will continue to hold the inmate an additional 48 hours (excluding weekends and holidays) in order to give immigration officials time to send an ICE agent to the local jail, take custody of the inmate, and transfer them to immigration custody.
How Do I Find Out If Someone Has an ICE Hold?
The easiest way to find out if someone has an ICE hold is to call the local jail where that individual is being held. Friends of family should be careful to never discuss the immigration status of the individual who is incarcerated. Instead, friends or family should simply state to jail officials, “I am trying to bond out [name of person]. Besides the criminal charges, do they have any other holds or detainers that would prevent their release?”
Normally, jail officials should be willing to provide information in their system showing any other detainers that would prevent that person’s release. A “detainer” is a general term that refers to an order from any other law enforcement entity requesting detention of the named individual. A detainer does not necessarily always mean that the individual has an ICE hold. Someone can have a “detainer” from another county, or from another state. If someone has a detainer from another county, this usually means the individual has a warrant for their arrest from another county in the state or from some other state.
Another way to determine if someone has an ICE hold is to call a local bondsman. Local bonds companies can always check their system and see if the person has an ICE hold. Local bonds companies are private entities and do not work for the government. If you are nervous about speaking with jail officials, then you may reach out to a local bondsman. Normally, when someone has an ICE hold, local bonds companies will be unwilling to accept that person as a client because that person is at risk of deportation.
The best way to determine if someone has an ICE hold is to speak with a competent local criminal defense attorney in the county where your friend or loved one is detained. You should always call a criminal defense attorney who has experience handling cases where someone has an ICE hold in order to ensure you are getting the correct information.
What Should I Do If Someone Has an ICE Hold?
The most important thing is to contact a criminal defense attorney BEFORE paying any bond. If someone has an ICE hold and you pay the bond, that person will not be released from state custody. Instead, the local jail will hold that person for an additional 48 hours after you have paid the bond to give immigration authorities time to come take custody of that individual. The 48 hours does not include weekends and holidays.
What Happens If I Pay The Bond When Someone Has an ICE Hold?
Paying a bond does not resolve a person’s criminal case. It simply allows them to be released from state custody. Once they are released from state custody, that person will be given a court date to appear for their state criminal charges. However, if they have an ICE hold, that person will not be released. They will instead be transferred to ICE custody where they will remain until their immigration matter is resolved.
It is important to note that ICE will not transport someone to state court once they have custody of that person. So, if someone is transferred to ICE custody and they do not appear at their state court hearing, the state judge could revoke the bond that was paid and issue an arrest warrant for that person for failure to appear at court. This means that not only will you lose all the money you paid to bond someone out of state jail, but now that person will have a separate warrant for failing to appear in state court.
If someone has a warrant, they will be detained by police if they encounter police for any reason. Even if they are released from ICE custody, they will now have to attempt to remove the state warrant for failure to appear, which can prove very complicated.
Should I Pay The Bond If Someone Has an ICE Hold?
You should not pay the bond for someone who has an ICE hold UNTIL you speak with a competent defense attorney.
When someone is transferred to ICE custody, they will be taken before an immigration judge to determine if that person qualifies for an immigration bond. If that person did not resolve their state criminal case, then the state criminal case can be used against them to deny them an immigration bond.
A criminal defense attorney can work to get the state charges dismissed. If charges are dismissed, the person will have a greater likelihood of obtaining an immigration bond.
You should always speak with a criminal defense attorney if someone has an ICE hold. If you have any questions, call the Law Office of Jorge Vela. We have experienced defense attorneys that can work to get the criminal charges dismissed.
