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  • Writer's pictureArmando Nunez

ICE HOLDS & CRIMINAL LAW

Updated: Aug 5, 2023

Typical call: My (loved one) is in jail he has a ($X amount of bond) but the deputy at the window says if I pay the bond they won't release my loved one because ICE already has him/her in custody --there are different variations of this, but this is in general the most common call.


Immediate reaction: DO NOT PAY THE BOND UNTIL YOU SPEAK TO AN ATTORNEY!


ICE holds are probably one of the more complex and frustrating aspects of the post-arrest legal process. It's one of the few times that criminal and immigration law intertwine and make chaos of the bonding process.


U.S. Immigration and Customs Enforcement (ICE) lodges detainers on individuals who have been arrested on criminal charges and who ICE has probable cause to believe are removable non-citizens.


Consequences of paying your friends or loved ones bond ranges from deportation to a very long stay at a ICE detention center while he/she awaits removal proceedings. What that deputy at the window at your local jail won't tell you:


  1. Prosecutorial discretion to lift the ICE detainer may be an option;

  2. Depending on your loved ones criminal and immigration history as well as their time in the Country your loved one may be eligible for an Immigration Bond;

  3. In some instances, especially with some aggravated felony or persons with a lengthy criminal history it may be better not to move the person until he/she remedies his/her current allegations.


Whatever you do, DO NOT PAY THAT BOND, without consulting an experienced attorney to help you decide the best course of action.







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