Detention and Bond
Immigration detainers / ICE hold
When Immigration and Customs Enforcement (ICE) encounters a non-citizen in state or federal custody, it presents a notice of detainer otherwise known as “ICE or immigration hold” on the custodial authority, such as a county jail, informing them of ICE’s desire to assume custody of the subject once the jail no longer has an interest in the individual. ICE’s authority to issue such detainers is found at 8 C.F.R. § 287.7(a). There are several misconceptions about immigration detainers. For example, contrary to popular belief, ICE detainers are not arrest warrants, nor are they the source of ICE’s custodial authority, nor are they evidence that the subject is deportable. The biggest misconception by both the public and local police is that nothing can be done to secure the release of someone with an ICE hold, no matter how long they have been waiting. However, federal law specifies that no one awaiting ICE transfer can be held for more than 48 hours past their release date.
Release from DHS custody under supervision
Intensive Supervision Appearance Program (ISAP)
Electronic Monitoring Device Program. (EMD)
Bond eligibility and determination
INA §236(c)(1) requires the Attorney General to take into custody any alien who has committed certain criminal offenses and forecloses the right to seek release on bond. Mandatory custody offenses include aggravated felonies, crimes of moral turpitude, as well as drug offenses. There are limited exceptions to this rule. For example, if the alien was released from criminal custody prior to October 9, 1998, mandatory custody does not apply. Another exception to mandatory custody would be if the offense was a single offense for simple possession of a controlled substance where the conviction occurred before july 14, 2011 and has since been expunged.