Skip to main content

In immigration law, what is an immigration hold, or a deportation hold?

Denver, CO |

What exactly is an immigration hold, and how do I know if my boyfriend has one?

Attorney Answers 3

Posted

An immigration hold can mean different things. Usually, it refers to an alien who is detained by state or federal authorities. If your boyfriend is in custody of a state or federal detention facility, it means that as soon as he is released from a state or federal custody, ICE (Immigration and Customs Enforcement) will take over the custody and continue to hold your boyfriend in their custody.

You can find out about this by calling the jail/prison; or you can call local ICE office. You should have his Alien number ready.

Mark as helpful

44 found this helpful

1 lawyer agrees

18 comments

Asker

Posted

my boy friend is in jail with what kind of charges ca they take his green card away

Sufen Hilf

Sufen Hilf

Posted

Many charges or convictions cn take away his green card. The date he first got his green card is relevant and all other matters are relevant. Need information to answer questions.

Asker

Posted

Ok what if charges and bail get lower will immigration hold be lifted or what if released on bail from county jail can he still be held for the immigration hold

Asker

Posted

I have a question my bf is in jail a bond has been set by the judge. he has been in jail for 3 weeks now on a hold. his court papers he got said if immigration. doesn't pick him up in 30 days they will release. him is this true that they can do that?

Sufen Hilf

Sufen Hilf

Posted

If ICE does not pick him up in 48 hours, he should be released even he has a hold from ICE.

Asker

Posted

thank you

Asker

Posted

My boyfriend got sentence 180 days in county, and he has an Immigration hold since the first day he got there. He has been there for about 3 weeks, can immgration still pick him up?

Sufen Hilf

Sufen Hilf

Posted

Immigration can still pick him up and detain him under ICE custody. You and your boyfriend should consult with an experienced immigration lawyer ASAP. Please bring his court final disposition when you visit the lawyer.

Asker

Posted

my boyfriend went to prison 4years ago and while he was in there he was on immigration hold..he served 3yrs and was released. its been 2 years since hes been out and never been in trouble he now wants to renew his green card but he is a little scared that they might still want him even though they released him. how can we find out if they after him or not

Asker

Posted

I have a brother in jail I was looking at his case by Internet and it Shows there immigration has a hold. 30 days ago he got arrested he told us that immigration call him but they let him go because his work permit was active .going back to the hold case those that means he can still get deported?

Sufen Hilf

Sufen Hilf

Posted

Not sure of the details. If immigration hold is off, most likely ICE will not pick him up. However, whether he is deportable or inadmissible or whether ICE will issue Notice to Appear to put him into removal proceedings, I need to review his immigration history plus any criminal history if there is. Sufen Hilf, Attorney at Law Heritage Square 1775 W. Big Beaver Road Troy, MI 48084 Tel: 248 792 2590; Fax: 248 885 8996 Email: sufen@hilfandhilf.com; hilf@sbcglobal.net <website:%20www.hilfandhilf.com> website: www.hilfandhilf.com Confidentiality Statement: The information in this e-mail and any accompanying attachments is intended only for the individual or entity to which it is addressed and may contain privileged or confidential information. If you are not the intended recipient, be aware that you are strictly prohibited from disseminating, distributing, or copying this information. If you have received this information in error, please notify us immediately by e-mail or by telephone at (248) 792-2590 and delete this information from any computer. CHANGE OF ADDRESS: The U.S. Immigration law requires all non-U.S. Citizens including Legal Permanent Residents to report a change of address within 10 days of moving by completing a Form AR-11. In addition, the law requires Legal Permanent Residents and U.S. Citizens who have financially sponsored another person who has immigrated to the U.S. to report a change of address within 30 days by filing Form I-865. Individuals who have pending applications and/or petitions must notify USCIS of the change of address where USCIS should notify them of actions on their case. The change of address can be done by mail or online at: <https://egov.uscis.gov/crisgwi/go?action=coa> https://egov.uscis.gov/crisgwi/go?action=coa.

Asker

Posted

my boyfrind got in jail if traffic tickets and he is on INS but the same happend 2 years ago and he wos relles and he didnt went to court - what they gonna do know becouse he didnt went to court 2 yers ago

Sufen Hilf

Sufen Hilf

Posted

I do not quite understand the question. I do not want to guess it. Please send me the question again in English. Thanks. Sufen Hilf, Attorney at Law Heritage Square 1775 W. Big Beaver Road Troy, MI 48084 Tel: 248 792 2590; Fax: 248 885 8996 Email: sufen@hilfandhilf.com; hilf@sbcglobal.net <website:%20www.hilfandhilf.com> website: www.hilfandhilf.com Confidentiality Statement: The information in this e-mail and any accompanying attachments is intended only for the individual or entity to which it is addressed and may contain privileged or confidential information. If you are not the intended recipient, be aware that you are strictly prohibited from disseminating, distributing, or copying this information. If you have received this information in error, please notify us immediately by e-mail or by telephone at (248) 792-2590 and delete this information from any computer. CHANGE OF ADDRESS: The U.S. Immigration law requires all non-U.S. Citizens including Legal Permanent Residents to report a change of address within 10 days of moving by completing a Form AR-11. In addition, the law requires Legal Permanent Residents and U.S. Citizens who have financially sponsored another person who has immigrated to the U.S. to report a change of address within 30 days by filing Form I-865. Individuals who have pending applications and/or petitions must notify USCIS of the change of address where USCIS should notify them of actions on their case. The change of address can be done by mail or online at: <https://egov.uscis.gov/crisgwi/go?action=coa> https://egov.uscis.gov/crisgwi/go?action=coa.

Asker

Posted

Hi, My brother is in prison and he was sentenced to 4 months. He has green card and everything. i just don't understand why they put immgration detainer..so it possible to deport him? this was his first offense...what do you advice..im worrid about him..plz thanks

Asker

Posted

Hi I have a family member that was in jail for 25 days she had a ice hold she got bonded out on county case. ICE lifted the hold and she has a felony she been here since she was months old now she 21 and has to baby's from here do you think she is going to get deported?

Sufen Hilf

Sufen Hilf

Posted

You mentioned that she has a felony conviction. Whether ICE will issue Notice to Appear to send her to court needs an attorney to review the case before answering the question. It is complicated.

Asker

Posted

this is my boyfriends 3rd time immigratiom has put a hold on him and got bailed out just for tickets but he has his work permit and social security card to be in the u.s mean while hes case is seen hes in los angeles county does anyone know the process of the county and what immigration jail do they get sent to adelanto or landcaster please help

Sufen Hilf

Sufen Hilf

Posted

I think you should contact a local immigration lawyer to find out whether your boyfriend's hold can be lifted if your boy friend has work authorization in the US. An attorney will review his criminal history to see if he is "deportable" or "inadmissible" or whether he is subject to mandatory detention.

Posted

An immigration hold is placed by ICE (Immigration Customs Enforcement) when someone they believe is an illegal alien is in state custody (or federal). Most jails (I say most because smaller counties may not have an advanced webpage) or sheriff's offices have websites. Some even let you do an inmate search and it will tell you what they are charged with and if there are any holds, i.e. out of county hold, out of state hold, or immigration hold.

IMPORTANT
Once the immigration hold (or detainer) has been placed on an inmate, ICE only has 48 hours (excluding weekends & holidays) to pick the inmate up ONCE THE COUNTY'S INTEREST IN THE INMATE IS FULFILLED. Now, most people make the mistake of thinking that is only when the inmate's case is over and he/she has finished serving their sentence. That is also true, however, if the inmate posts a bond: the county's interest is fulfilled and the 48 hour clock starts to tick!

If the 48 hours pass and ICE has not picked the inmate up, you need to hire an attorney to get the inmate out. Oftentimes this can be done by placing a phone call to the legal counsel of the sheriff's office; if that doesn't work, your attorney will need to file a Writ of Habeas Corpus with the court.

You can always call the jail to find out if there's a hold.

Mark as helpful

86 found this helpful

3 lawyers agree

7 comments

Asker

Posted

I have a question! Do you know if someone in jail serving time for 6 months, and there is not a hold on this person after 72 hours do you knoe if there is a possibilities that they can put a hold on him at any time?

Adam Todd Dougherty

Adam Todd Dougherty

Posted

Holds can be placed at anytime an inmate is in custody.

Asker

Posted

I have a question if someone is in jail and they have a hold and they finish there time how long they have to wait till immigration pick him up

Asker

Posted

I have a question my bf is in jail a bond has been set by the judge. he has been in jail for 3 weeks now on a hold. his court papers he got said if immigration. doesn't pick him up in 30 days they will release. him is this true that they can do that?

Asker

Posted

Hello, my husband has an immigration hold since a week ago and immigration has not picked him up and he already finished his penal sentence, and a bond hasn't been set... what should we do?

Asker

Posted

Hi my boyfriend will be finished serving his prison sentence on the eight of March but they have an immigration hold on him and i have no knowledge about immigration and the laws. what should be my first step because they said i can't know his charges until he's in immigration custody but i do knows that he had an expired green card that he want able to renew because he is in prison please tell me what should i do because i am at a lost

Asker

Posted

Can I call the Sherrif's Office and get someone out without an Attorney? The bond is paid and tomorrow it will be 48 hours and I am going to try to get this person myself do you have anything that will help me? This person is charged with Driving While Suspended. We used all the money to pay the bond and this person has a good job and has respect for this country he is a god person so please help me out. Thanks.

Posted

An immigration hold basically refers to a document filed by the U.S. Immigration and Customs Enforcement or I.C.E. (the agency responsible for immigration detention and removal) which asks the law enforcement agency holding someone to release that person upon completion of their criminal sentence or detention to I.C.E.

At that point, the agency usually conducts an interview to determine whether or not that individual is subject to being removed from the U.S. They also decide other issues like: 1) Does the person have a right to an immigration court hearing, or can they be removed from the U.S. without a hearing? 2) Can the individual be criminally prosecuted for illegally reentering the U.S. after removal? 3) Is the individual eligible to be released on bond or not? and 4) Various other issues.

If someone knows they have an immigration hold, they should seek the assistance of an immigration attorney familiar with these issues as soon as possible. Acting quickly in these cases often can make a huge difference.

Mark as helpful

51 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Why doen he not have abond im scared for him does that mean ice is going.to deport him

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics