48 hoursUnder the law, the maximum amount of additional time that someone can be held on ICE's behalf is 48 hours. If ICE does not take custody of you within those 48 hours, the law says you must be released.
Federal law says that state and local law enforcement authorities may only hold persons on immigration detainers for 48 hours after the completion of their jail time.
At the bond hearing, the immigration judge may either find that the detainee is subject to mandatory detention, or that the detainee can be released on a bond. If the judge finds that the detainee should be released and ICE has set no bond amount yet, the judge will set a bond amount that must be paid before release.
Cases that qualify for the expedited process can result in a removal order within 2 weeks, while normal cases that don't qualify for the expedited process can take 2 – 3 years or more to reach a final decision through the courts.
In fact, approximately 48 percent of people we work with are held in immigration detention for 2 to 4 years, although about 5 percent of people are held in immigration detention for over 4 years. Only about 7 percent of people we work with in immigration detention are held for less than 6 months.
The new standards define short-term detention as the “temporary detention of a person at a CBP facility for the least amount of time necessary to complete processing, transfer, and/or repatriation.” It also establishes that “detainees should generally not be held for longer than 72 hours in CBP hold rooms or holding ...
An “ICE Hold” doesn't mean that the person will be deported, and it doesn't mean the person will be taken into custody. It is simply an opportunity for ICE to take a look a closer look and make a decision about whether deportation proceedings will start or not.
ICE can put an immigration “hold” or “detainer” on you if you are deportable. If ICE puts a hold on you, ICE will likely pick you up from the jail. To allow ICE to do this, the jail will probably keep you for up to 48 hours after the time you are supposed to be released.
Detention for new asylum seekers would have been limited to 90 days, with access to judicial review; families with children would not have been detained; and all long-term detainees (12 months or longer) would have been released into the community.
Due to a large backlog of immigration cases, it can take months or even years for an immigration case to be decided. In California, the average time to complete an immigration case is 2-3 years, depending on whether the case involves a criminal conviction (which takes longer).
A deportation often begins with an arrest. If the person has committed a crime, he or she may be placed in a detention center when their state crime is resolved. In other cases, the person receives a notice to appear in a federal immigration court.
If you were ordered removed (or deported) from the U.S., you cannot simply turn around and come back. By the legal terms of your removal, you will be expected to remain outside of the country for a set number of years: usually either five, ten, or 20.