ICE Detention Periods Vary Based on Stage of Removal Proceedings, Supreme Court Limits Post-Order Detention
The duration an individual can be held by Immigration and Customs Enforcement (ICE) before deportation varies significantly depending on the stage of their removal proceedings. An immigration detainer, which is a request from the Department of Homeland Security for a jail or prison to hold someone briefly, allows for a maximum of 48 hours beyond the time they would otherwise be released, excluding weekends and holidays. This 48-hour limit applies to the jail, not ICE. Once ICE assumes custody, this detainer clock ends. For individuals in ICE custody without a final removal order, there is no fixed end date for detention, as authorized by 8 U.S.C. § 1226(a), though release on bond or conditional parole is possible in some cases. However, 8 U.S.C. § 1226(c) mandates detention for individuals with specific criminal grounds. After a final removal order is issued, a 90-day removal period begins, as per 8 U.S.C. § 1231(a)(1). Detention can extend beyond this 90-day period under § 1231(a)(6) for certain categorie...