How long can they hold you on a detainer These facilities can range from dedicated immigration detention centers to county jails that contract with ICE. Sep 30, 2025 · An ICE detainer, sometimes called an ICE hold, is a request from ICE to a local law enforcement agency, like a county jail. Nov 19, 2011 · This response does not create an attorney client relationship and is offered for informational purposes only. Can people subject to an immigration hold or detainer challenge the action in court? Yes, individuals subject to an immigration hold or detainer can challenge the action in court. Get legal guidance from skilled immigration lawyers. However, if the state drops the charges and the person remains in jail, the person is considered in federal custody. Here is a look at the length of parole hold in some states. Hold the alien for up to 48 hours beyond the time they would ordinarily release them so DHS has time Jan 13, 2025 · Once a detainer is lodged, it complicates matters for those seeking release on bail or parole, as it acts as a hold preventing their release. Jul 8, 2025 · The purpose of the hold is to ensure the individual appears in court for the violation proceedings. Jun 18, 2025 · How long can ICE hold you in jail? ICE typically has a mandate to hold individuals for up to 48 hours under a detainer, but this period can be extended under various circumstances. May 13, 2025 · What is an immigration detainer? An immigration detainer is a request from ICE that asks a federal, state or local law enforcement agency — including jails, prisons or other confinement facilities — to: Notify the requesting agency as early as possible before they release a removable alien. Feb 25, 2025 · 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. Wogwu Law in San Antonio offers legal guidance—call now. A person can be in federal custody even if they are in a state prison. How long can you hold someone in jail? Most states allow prosecutors up to 72 hours after an arrest to file charges, although some states, like California, allow only 48 hours. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. ICE DETAINER FAQ Questions and answers about ICE detainers or holds, how these impact someone in a jail or prison, and what you can do. If the prosecutor fails to bring charges within this time limit, the court has to release you. Feb 13, 2025 · In Minnesota, the 36-hour rule and the 48-hour rule are guidelines that determine how long a person can be held in custody on suspicion of criminal charges before they must appear before a judge. Parole violations trigger specific legal procedures that determine how long someone might remain incarcerated. I am licensed to practice in Minnesota, not every state. Jul 9, 2025 · A county jail’s authority to hold an inmate for another county stems from a formal legal request known as a “detainer” or a “hold. Failure to do that is a violation of your rights. Aug 29, 2025 · Learn what the immigration detainer 48-hour rule means, how it affects custody, and what rights you have. What is an Immigration Detention Center? Immigration detention centers are facilities used by ICE to hold individuals who are going through immigration removal proceedings or awaiting deportation. Unlike criminal detention, immigration detention is civil in nature, meaning it is not Jul 13, 2025 · Immigration Law How Long Can Immigration Hold You in Jail? The time a person can be held in immigration custody is not a set period, but a process governed by specific legal rules at each stage of a case. Jun 4, 2024 · How Long Can You Be Held on a Parole Hold? While the length of time someone can be held on parole hold without being notified of the charges against them will vary from state to state, in some cases it could be longer than a week. 6 19. Feb 17, 2025 · Facing ICE detention? Know your rights and how long you may be held before deportation. They may file a petition for writ of habeas corpus or other form of legal action to challenge the lawfulness of the detention and request a hearing before a judge. These procedures involve various stages, from initial custody to potential revocation of parole, each governed by Score: 4. You should always consult with an attorney licensed in your area on how best to proceed. Jan 15, 2025 · Understanding the duration one can be held in jail for a parole violation is crucial, as it impacts not only the individual involved but also their family and community. It can also be sent to a federal or state law enforcement agency. A probation detainer can prevent release even if the person could post bond for a separate new offense. Jan 17, 2025 · A hold, or “detainer,” is a legal mechanism that prevents an individual’s release from custody, even if they have met the conditions for bail or completed their sentence. The detainer is put in place to ensure the incarcerated individual is returned to the facility in which they came once all local matters are resolved. This initial detention is a temporary measure. ” This notice is filed by a law enforcement agency or prosecutor’s office advising the holding jail that the inmate is wanted for pending criminal charges elsewhere. 8/5 (66 votes) HDET – HOLD DETAINER: A hold placed on an incarcerated individual brought to Sheriff's custody from another state or county facility. Helpful (0) 1 attorney . The legal authority to hold individuals on a federal detainer is a powerful tool for federal agencies, raising questions about balancing law enforcement objectives with individual rights. How long can feds hold you? There is no law that says how long a federal hold can remain if state charges are still pending against the person. ayze yew sumjxw moud nuxjr spwx fyjeco err axfyzt bysi snjakn opsv kudpad uxav qcjr