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ICE Hold FAQ


1. What is the definition of “I.C.E.” or Ice Hold or Ice Immigration Detention?

In common nomenclature ICE is stands for Immigration and Customs Enforcement.   ICE is the enforcement body or the police force of the federal governments Immigration Department.  They impose the laws that are passed by congress with respect to immigration and protection of United States borders.   Ice Immigration Detentions or Holds for Ice takes place when the enforcement agency of the US Government issues a demand to hold a person in custody.

2.Me or my loved ones or friends are under an ICE HOLD, What are the consequences of this action by the Federal Government?

ICE holds are basically holds for the matter of an Immigration Violation.  ICE or Immigration and Custom Enforcement asks state law enforcement agency by a written demand to hold the person that is under their custody.  This gives local jails the power to keep undocumented immigrants or illegal immigrants, beyond the time they are to be released from custody.

3.  Who or what police agency is able to place me under ICE HOLD? 

There are only two federal enforcement agencies which have the legal authority to place ICE holds; The Immigration and Custom Enforcement (ICE) and or Customs and Border Protection (CBP).  State Law enforcement agencies, like City Police, or CHP, do not have the authority under American Law to issue an ICE hold.  Tribal Nations along the Mexican American Border and their Police departments are also not able to place an Ice hold.

4.  I have been placed under hold, what are my rights, what procedures should be done so that the ICE hold is legal?  

There are several steps that must be taken to ensure the civil and constitutional rights of a person held under an Ice Immigration Detention “ICE HOLD”, remember the essential prerequisite for a Hold for Ice is.
  • The Federal Agency must sent to the jail where the person is held an I-247 Detainer;
  • I-247 requires further detention of a person only until the Federal Agency can attain his custody

5.  What is the 48 Hour Rule?

  • The 48 Hour Rule:  States can only hold a person for 48 hours.
  • If 48 hours have passed and the transfer of custody from state law enforcement to the federal immigration agents then the person is under a legal right to be releases.
  • But before the release the person arrest must have been cleared of all other criminal charges.
  • NOTE:  If 48 hours have passed and you are still under custody contact an attorney

6.  I am under a Hold for Ice (Ice Immigration Hold), and I want to be releases from custody, how can I get out of prison.

Be aware of your rights here! If you want to be release from custody under an Ice hold you must place a bond, there are two ways to place a bond,
  • Place a bond in the state criminal case that you are that you have been imprisoned for or settle your case with the state district attorney’s office; you must completely finish the sentence that you were given.
  • Place a bond when you are in the custody of the federal immigration department, you must post an immigration bond.
  • NOTE:  It is vital that you know your rights here, and that you have a choice here.

7.  The Police is telling me or my family I can’t post a bond, are they Right

Remember: You have the right to post a bond when you are under state custody.  Local Police cannot prevent you from posting a bond if that right is available for you.  You do have alternatives available to you.  If this happens be sure to contact an attorney.

8.  I want to place a bond what should I know?

  • You are eligible if you’re not under mandatory detention, if not then you can post a bond
  • A Mandatory detention can be for a crime involving moral turpitude, drug offenses and offense related to drugs, Aggravated felony, firearms offense.
  • Understand the Price of a Bond.  Immigration Bonds are given by Bond Companies, the price for a Bond may vary based on any number of factors.

9. I need  ICE Hold help and a deportation defense, where do I go?

If you need to defend your rights and defend your ability to remain in the United States it is important to know your rights and be defended by top immigration attorneys and deportation lawyers that have knowledge of the rules of immigration and deportation and will fight for your rights. For a free consultation regarding your immigration of deportation call (888) 649-7166

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