What is an ICE Detainer?

An ICE detainer is a civil immigration request issued by U.S. Immigration and Customs Enforcement (ICE) to ask a local or state law enforcement agency to hold an individual in custody for up to 48 hours after they would otherwise be released. The stated purpose is to give ICE time to decide whether to assume custody of the person and initiate immigration enforcement proceedings.

Although detainers are commonly used, they are also widely misunderstood. They operate outside the criminal court process and can raise serious constitutional concerns, especially when local authorities treat them as mandatory or detain someone without legal justification.

If you or someone you care about is facing an ICE detainer, understanding what this means and what it doesn’t is crucial to protecting your rights and avoiding unnecessary detention.

How Does an ICE Detainer Actually Work?

The process typically begins when someone is arrested by local or state law enforcement. This could be for any number of reasons, ranging from traffic violations to more serious charges. During booking, the agency submits fingerprints and personal information to federal databases, which ICE uses to identify individuals with potential immigration issues.

If ICE suspects that the person is removable, for instance, due to unlawful presence, a prior removal order, or a criminal conviction, it may issue a detainer. The detainer asks the local jail to continue holding that individual for up to 48 hours beyond the scheduled release time, allowing ICE to assume custody.

Key points to understand:

• A detainer is not a criminal warrant. It is not signed by a judge and does not authorize an arrest on its own.
• Law enforcement agencies are not legally required to comply. Many jurisdictions have “sanctuary” policies that limit or reject cooperation with ICE detainers.
• ICE must act within 48 hours. If they fail to take custody within that time, the person must be released unless there is another lawful reason to hold them.

If these rules are not followed, the individual may be held unlawfully, which can trigger legal consequences for the detaining agency.

The ICE detainer is often just the beginning of a complex legal process, which may include issuing a Notice to Appear, a formal document that starts removal (deportation) proceedings. Understanding each step in this process is critical for protecting your rights.

What Are Your Rights if You Have an ICE Detainer?

Whether you are undocumented, have a visa, or are a lawful resident, everyone is entitled to certain legal protections, even if ICE places a detainer. These rights include:

• The right to be released if ICE does not arrive within the 48-hour window.
• The right to due process, meaning ICE must have a legitimate basis to hold you.
• The right to challenge unlawful detention through the courts.
• The right to speak with and be represented by an attorney, even though immigration cases do not involve a government-appointed lawyer.

We strongly encourage anyone facing an ICE detainer to consult with an immigration attorney right away. An experienced lawyer can review your situation, request the paperwork behind the detainer, and fight to protect your liberty.

Legal Strategies and Defense Options

If you or someone you know is subject to an ICE detainer, there are legal steps that may help:

• File a motion for release or bond under state criminal law before ICE assumes custody.
• Challenge the legality of the detainer in court if no probable cause is shown.
• Pursue cancellation of removal, adjustment of status, or asylum, depending on individual eligibility.
• Request prosecutorial discretion or deferred action where applicable.
• Consider a civil lawsuit if detention occurred beyond 48 hours or was otherwise unlawful.

Our firm works closely with individuals and their families to assess all legal options, minimize detention, and vigorously protect constitutional rights in both state and federal proceedings.

Talk to a Law Firm That Knows How to Defend Your Rights

ICE detainers carry serious, potentially life-altering consequences. When these detainers are mishandled or misunderstood, they can result in unlawful detention, loss of critical legal protections, and even deportation.

At Odunlami Law, we represent clients across the country confronting ICE detainers at every stage, from the initial detainer request to transfer to ICE custody or challenges to unlawful detention. We understand the complexities of immigration enforcement and are committed to providing clear guidance and aggressive representation.

Contact us for a confidential consultation with an experienced deportation defense attorney where we can assess your situation, answer your questions about deportation and removal proceedings, and develop a strategic plan to protect your rights and future under U.S. immigration law.