What happens when youre arrested and placed on immigration hold
⚖️ What to Do If There’s an Immigration Hold After a Criminal Arrest
When a non-citizen is arrested and faces criminal charges in the United States, the situation can escalate quickly. Even if the charges are minor or bond is set by the judge, Immigration and Customs Enforcement (ICE) can place an immigration hold—also known as a detainer—on the individual.
An immigration hold allows ICE to take custody of someone after they’ve resolved their local criminal charges, keeping them in detention until immigration authorities can begin their own investigation or initiate removal proceedings.
Understanding how these holds work—and how to avoid or respond to them—can make the difference between temporary freedom and being transferred into ICE custody.
🧷 What Is an Immigration Hold?
An immigration hold is a request issued by ICE to local law enforcement asking that a non-citizen be held for up to 48 hours after their scheduled release from jail. This gives ICE time to determine whether they want to assume custody for immigration enforcement purposes.
Here’s how it works:
A non-citizen is arrested and taken into local or state custody
Law enforcement identifies the person as a non-U.S. citizen
ICE is notified (either automatically or by request)
ICE issues a detainer requesting the jail hold the person an additional 48 hours
ICE may then take custody and begin removal proceedings
Detainers are often issued before bond is posted, but in some cases, they are applied after bond is granted or even after criminal charges are dropped.
🚨 Why Immigration Holds Are So Risky
Once ICE becomes involved, the case shifts from the criminal court system to the immigration court system. That’s when things become more complicated—and more dangerous for the detainee’s immigration status.
An immigration hold can lead to:
Immediate ICE detention after local release
Ineligibility for standard bail
Fast-tracked deportation for those with prior removal orders
Lengthy detention in immigration custody while the case is processed
Increased risk for non-permanent residents, visa holders, or those with prior immigration issues
That’s why timing is everything.
⏱️ How to Avoid an Immigration Hold
If a non-citizen is arrested, their first and most urgent step should be to consult an immigration attorney immediately—ideally one with experience in both criminal and immigration law.
An attorney may be able to:
Negotiate a faster release before ICE has time to issue a hold
Request a bond hearing quickly to avoid triggering the hold
Help the court understand the immigration consequences of delaying action
Coordinate with a bail bond agent to post bond immediately
If a hold is already in place, a qualified lawyer may still be able to challenge the legality of the detainer or secure bond through the immigration court system.
💡 Can an Immigration Hold Be Lifted?
Yes, but it’s rare and often requires:
A strong legal argument
Lack of prior immigration violations
Cooperation between your attorney and ICE
More commonly, the focus shifts to securing release from ICE custody once the individual has been transferred. That’s where an immigration bond becomes essential.
💰 What If You Need an Immigration Bond?
If ICE takes custody, your loved one may be eligible for release through an immigration bond, depending on the nature of their charges and immigration history.
There are two types of bonds that may apply:
Delivery Bond – Allows the detainee to be released while they attend immigration court hearings
Voluntary Departure Bond – Allows them to leave the country voluntarily by a specific date
To learn more about both options and what your family may qualify for, check out our page on cash vs. property collateral bonds.
Bond eligibility is determined by ICE or an immigration judge during a bond hearing. If approved, you’ll need to act fast to post bail before detention drags on.
🧑💼 How Amistad Bail and Immigration Bonds Can Help
At Amistad Bail and Immigration Bonds, we’ve helped thousands of families across the U.S. navigate emergency situations like these.
We provide:
Fast, nationwide immigration bond posting
Options for cash or property collateral
Step-by-step guidance through ICE detention and release
Support in English and Spanish
24/7 availability, including evenings and weekends
We work directly with your family and legal team to coordinate bond payments quickly and confidentially—because we know every hour in detention matters.
📍 Serving North Carolina and Beyond
Whether you’re in North Carolina, Texas, California, or anywhere else in the U.S., our licensed agents can help. We offer flexible payment options, electronic paperwork processing, and guidance for every step of the immigration bond process.
📞 Contact Amistad for Immediate Help
If your loved one is facing an immigration hold—or has already been transferred into ICE custody—don’t wait. Contact the professionals at Amistad Bail and Immigration Bonds to get help fast.
📞 Call us now at (800) 537-0645
🌐 Or request a free consultation
We’ll help you understand your options, post bond, and bring your loved one home—so you can focus on what matters most.
