When immigrants are in jail on allegations that they committed a crime, Immigration and Customs Enforcement (ICE) often will ask the law enforcement agency holding the person to detain him or her beyond the regular release date. This is commonly referred to as an “ICE hold.” The purpose of this hold is so that ICE can take custody of the individual after the other law enforcement agency has released him or her from custody.
An ICE hold is a request from the federal government, but not an order or a mandate. ICE holds also are not automatic orders of removal or deportation. ICE holds are not reviewed or signed by a judge but are issued by ICE. Therefore, it is up to the individual law enforcement agency whether to detain a person on an ICE hold.
Furthermore, an ICE hold expires 48 hours after the time that the law enforcement agency typically would release the person from custody. This 48-hour period excludes holidays and weekends and does not begin to run until the person is eligible for release by the local law enforcement agency. If a person is still in custody on an ICE hold after the 48 hours have elapsed, then the law enforcement agency should release the person.
Early intervention in these cases is often key to fighting back against both criminal charges and immigration law matters. If the ICE hold is in error, for instance, an attorney may be able to contact ICE and have the hold lifted.
With the number of immigrants living in Texas, ICE holds are becoming far more common. As a result, you need to understand what an ICE hold is and how it might impact your case. The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing criminal charges. We are here to protect your rights and advocate on your behalf. Our goal is to get the best outcome possible in your case. Call our office today at (512) 359-3362 to set up an appointment with our criminal defense attorneys.