How Long is ICE Detention?
Being detained by Immigration and Customs Enforcement (ICE) is very overwhelming. Whether you fear being placed in detention, or a loved one is already detained, you are likely worried about the time limit for ICE detention. ICE detention can take between 48 hours to 90 days. In some instances, a person may be detained indefinitely. Below, our Atlanta deportation defense lawyer explains the factors that impact the length of detention.
Criminal History
When a person being detained by ICE has a criminal record, that can have a significant impact on the length of detention. Drug-related offenses and aggravated felonies often result in mandatory detention with no option for bond. Even if a person is arrested but not convicted, this can result in an ICE hold for longer periods of time. Minor offenses such as misdemeanors or DUIs may not result in mandatory detention but they can still cause processing delays. ICE may take additional time to request documentation, assess risk, or initiate deportation proceedings, which can lead to being held in custody longer.
Immigration Status
A person’s immigration status can also greatly impact detention time. Undocumented immigrants will be held in ICE detention longer because ICE will verify their previous immigration history and their identity. It is not uncommon for ICE to request foreign government documents or conduct background checks before removal. Green card and visa holders may face shorter detention times, but eligibility for release depends on the specific details of a case. Certain criminal offenses can result in deportation for visa and green card holders, so they may have to remain in custody as ICE is reviewing their case.
Nationality
A detainee’s nationality can also impact the length of detention. For example, immigrants from Mexico and some Central American countries will process deportation cases more quickly while removal to countries such as Cuba may take longer because of strained diplomatic relations.
Complexity of the Case
Some cases take longer due to pending applications, legal challenges, or requests for additional evidence. When a case includes a claim for asylum, motions and appeals to reopen cases, waivers, or withholding removal requests, a case may take longer resulting in longer detention periods.
Detention Facility Availability
ICE uses a number of different facilities to detain immigrants, including county jails and private detention centers. A lack of resources or overcrowding may delay hearings and transfers, causing people to remain in custody longer than expected.
Concerns Regarding Health and Safety
Disabilities, medical conditions, and concerns for a person’s safety may also affect the length of detention. People suffering from serious health concerns are sometimes released on humanitarian grounds.
Call Our Deportation Defense Layer in Atlanta
Face ICE detention is overwhelming, but you do not have to face it on your own. Our experienced Atlanta deportation defense lawyer can help you secure bond, challenge deportation, or seek relief through asylum. For a consultation to discuss your case and needs, please call Shirazi Immigration Law, Inc. today at 404-523-3611 to learn more about how we can help.
Serving clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.
Source:
usa.gov/detained-by-ice
