An immigration hold allows ICE and Immigration Services to assume custody of the arrested individual and requests information from the law enforcement agency about preventing the individual’s release so Immigration may assume custody of the detained client and request that the law enforcement agency maintain custody of the client who would otherwise be released for a period not to exceed 48 hours not including Saturdays, Sundays, and holidays to provide ICE time to assume custody.
ICE justifies holding arrestees so that they can identify and ultimately remove them from the country. If the arresting law enforcement agency needs the arrested individual to remain in custody to answer for allegations, then the immigration hold will remain until the country’s criminal court system completes its process. If the prosecutor brings charges against the individual the arrested defendant will have to fight the allegations while in custody and will not be allowed bail. Once the prosecution for the county criminal court process is completed then the defendant will be sent to immigration custody no matter if he or she won in criminal court.
An immigration hold will cause the law enforcement agency to hold you until immigration officials can place the defendant in immigration custody. Once the criminal court process is adjudicated immigration authorities will take you to an immigration detention center and either releases you on an immigration bond, place you in the ISAP program (release with electronic monitoring), remove you to your home country, or refer your case to an immigration judge. Because this process can happen relatively quickly it is important to retain legal counsel that can navigate both the criminal court process as well as the civil immigration removal process.