If Immigration and Customs Enforcement (ICE) detains you, you may wonder: How long can ICE hold you before deportation? The answer depends on the specifics of your situation. ICE can request local criminal agencies hold a person for up to 48 hours while deciding whether to begin removal (deportation) proceedings.
If ICE initiates a deportation proceeding in immigration court, it can detain you while the case works through the system. You may request release on bond while your case processes. Some individuals are ineligible or cannot afford bond, however. They may stay in detention for weeks, months, or even a year or longer while they defend against deportation.
At EMP Law, we bring a unique perspective to immigration detention cases. Our Winston-Salem team includes multiple trial attorneys who handle immigration, criminal defense, and civil litigation. That combination matters: detention often overlaps with criminal charges or other legal issues, and our practice allows us to approach cases strategically from every angle. Families across North Carolina turn to us because we pair courtroom advocacy with clear, practical guidance at every step.
The Removal (Deportation) Process
To understand how long you can be held in immigration detention requires examining the removal (deportation) process. Removal proceedings typically involve:
- Arrest and detention. ICE takes you into custody.
- Notice to Appear (NTA). ICE provides official notice that the government is initiating removal (deportation) proceedings against you.
- Release on bond (if eligible). ICE may offer a bond, or you may request release from the judge.
- Master calendar hearing. You attend a short hearing where the judge ensures you know why you are in court, including why the government claims you can be deported, and you declare whether you plan to fight deportation.
- Individual hearing. You attend a longer hearing, similar to a trial, where you and an ICE lawyer present evidence and testimony.
- Decision. The immigration judge issues a ruling resolving the case: either a final order of removal if you must leave the country or a grant of your request if you have the right to remain.
The arrest and detention process can vary depending on the circumstances, particularly where ICE makes the arrest and whether the noncitizen was arrested for a crime first.
How Long Can ICE Hold You Before Deportation?
After arresting you, how long can immigration hold you in jail? By law:
- Detention may last for the entirety of removal proceedings;
- If the court issues a final order of removal, ICE generally has 90 days to remove the noncitizen from the U.S.; and
- If ICE cannot complete deportation within 90 days, detention may continue.
ICE can detain someone up to 90 days after a final removal order. If deportation is not possible, detention may continue but must be reviewed. Individuals without proof of two years’ residence may face expedited removal, while legal issues or missing documents can cause indefinite detention.
Some people spend months or years in detention while their immigration case crawls through the immigration court system.
ICE cannot hold people indefinitely without the chance of release. Yet, without intervention, ICE may not respect your rights, making hiring an immigration attorney essential.
What Is an Immigration Hold in Jail?
Sometimes ICE places an “immigration hold” or “detainer” on someone arrested for a crime and already in local or state custody. A detainer asks the jail to notify ICE before releasing the person and to hold them for up to 48 hours beyond their scheduled release. After that period, ICE must take custody or allow the jail to release the person.
What Is ICE Detention?
ICE detention or immigration detention occurs when ICE takes noncitizens into custody while deciding whether they may remain in the U.S. ICE then holds the individual in a detention center, such as a County jail, private prison facility, or dedicated immigration detention center.
ICE typically detains someone after its officers arrest them or after another law enforcement agency transfers them to ICE’s custody.
What Is Release on Bond?
In many cases, people in immigration detention can request release on bond—money the noncitizen temporarily provides to the government to guarantee they will appear at future hearings. When deciding whether to grant bond, judges consider:
- Whether the person is likely to attend court hearings,
- Whether they pose a danger to the community,
- Their ties to the community, and
- Any prior immigration or criminal history.
An attorney can help present evidence to support release or request a lower bond amount.
Protect Your Future with EMP Law
Immigration detention can last far longer than many people realize, but you do not have to face it alone. At EMP Law, our multi-attorney team fights for individuals held by ICE across North Carolina. Because we also practice criminal defense, we understand how detention can affect every part of your life, and we build strategies that protect more than just your immigration status.
Call EMP Law today to schedule a consultation and protect your future.
Helen believes in providing caring, thoughtful and thorough representation for each and every person.
In particular, Helen focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation.
She represents clients facing criminal charges in both state and federal court. She is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.
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