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If you or a loved one is being held by U.S. Immigration and Customs Enforcement, the uncertainty can feel overwhelming. One of the most common and urgent questions people ask is how long ICE can legally hold someone before deportation. The answer depends on several factors, including immigration status, court orders, and cooperation between governments.
At Portner & Shure, P.A., our experienced immigration attorneys regularly assist individuals and families facing ICE detention across Maryland, Virginia, Washington, D.C., and beyond. If you’re dealing with any kind of immigration issues, contact our firm today for more information on how we can help.
In theory, ICE should only become involved when a person is already in local or state custody. This often happens after an arrest, even if the underlying criminal charges are later dropped or resolved.
ICE may issue what’s known as an immigration detainer, requesting that the local jail hold the person for up to 48 additional hours beyond their scheduled release. Importantly, this 48-hour period does not include weekends or holidays.
If ICE takes custody during this period, the individual is transferred from local jail to an ICE detention facility. Once in ICE custody, immigration law governs how long detention may continue.
It is important to note that an ICE detainer alone does not automatically mean deportation. Many people have legal options to challenge detention, seek bond, or fight removal. The timelines for some are different in light of recent ICE initiatives, so it is important to seek legal counsel immediately to try and counteract what can be a shortened time to deportation.
Once a final order of removal is issued by an immigration judge or another authorized authority, ICE enters what is known as the removal period. This is the time during which ICE is expected to carry out deportation.
Under federal law, the standard removal period is 90 days.
The 90-day clock generally begins on the latest of the following events:
During this period, ICE has broad authority to detain the individual while making arrangements for deportation.
Not everyone in ICE custody is treated the same. Some individuals are subject to mandatory detention, meaning they are not eligible for bond while their immigration case is pending. Others may request a bond hearing before an immigration judge.
Eligibility for bond depends on factors such as:
An experienced immigration attorney can evaluate whether bond is an option and advocate for you or your loved one’s release.
While ICE has authority to detain individuals during the removal period, that authority is not unlimited.
In the landmark Supreme Court case Zadvydas v. Davis, the Court ruled that ICE generally may not detain someone for more than six months after a final order of removal if deportation is not reasonably foreseeable.
This means:
This ruling is especially important for individuals whose home countries refuse to issue travel documents or have strained diplomatic relations with the United States.
When detention extends beyond the initial removal period, ICE conducts Post-Order Custody Reviews. These reviews are meant to assess whether continued detention is justified.
However, these reviews are conducted by ICE employees and do not always result in release. Legal representation can be crucial in presenting evidence that removal is not foreseeable and that continued detention is unlawful.
There is no single answer to how long ICE can detain someone. Several factors can influence the length of custody.
ICE cannot deport someone without valid travel documents issued by the destination country. Delays often occur when:
These delays can significantly extend detention unless challenged.
Some countries have standing repatriation agreements with the United States, while others do not. Individuals from countries without consistent cooperation may face longer detention, but they may also have stronger legal arguments for release under the six-month rule.
Even if ICE claims authority to continue detention, there are legal tools available to challenge prolonged custody.
A writ of habeas corpus is a legal action filed in federal court challenging unlawful detention. This tool is often used when ICE continues to hold someone beyond six months without a realistic prospect of deportation. While there has been an ongoing discussion by the current presidential administration to suspend habeas corpus, this action has not been taken yet, primarily due to constitutional constraints but this is a development we are monitoring closely.
A successful habeas petition may result in:
An Order of Supervision allows an individual to live in the community under specific conditions while ICE continues removal efforts.
Conditions may include:
An immigration attorney can help prepare and submit a strong request for supervised release but it is important to act fast.
At Portner & Shure, P.A., we have extensive experience defending individuals in removal proceedings and challenging prolonged immigration detention.
We help clients by:
If you or a loved one is in ICE custody, do not assume detention will simply end on its own. Legal intervention can make a huge difference.
To speak with an experienced immigration attorney, contact us today at (410) 995-1515 or reach out through our offices in Maryland, Virginia, and Washington, D.C. Understanding your rights is the first step toward protecting your freedom.
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