ICE detainers (immigration holds) and release dates: a guide for families

What a detainer is

• It is an ICE form, Form I-247A ("Immigration Detainer – Notice of Action"), sent to a jail or prison. It asks the facility to notify ICE before release and to keep the person in custody up to 48 hours past the time they would otherwise have been released, so ICE can take custody. [ICE] (opens in new tab)
• Under the federal regulation, a detainer "is a request" that the agency advise DHS before the person is released. [8 CFR 287.7 (eCFR)] (opens in new tab)
• ICE says its officers must have probable cause to believe the person is removable before issuing one, and that the person must be served a copy for the detainer to take effect. [ICE] (opens in new tab)
• A detainer is not a conviction or a deportation order. The person may have a pending immigration case, a final order, or no case yet. [ICE] (opens in new tab)

The 48-hour rule

• 8 CFR 287.7(d) says the agency shall keep custody "for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays" so DHS can take custody. [8 CFR 287.7 (eCFR)] (opens in new tab)
• The current Form I-247A says "NOT TO EXCEED 48 HOURS" beyond the time the person would otherwise have been released. The clock starts at the normal release time, not before. [ICE] (opens in new tab)
• The form's notice to the person says that if DHS does not take custody in that window, they should ask the agency holding them about their release. [ICE] (opens in new tab)

How a hold can change release day

• On the release date, the prison may notify ICE and hold the person instead of releasing them to family.
• If ICE comes, the person moves into ICE custody and may be transferred to an immigration detention center, sometimes in another state. Ask the facility how and when families are notified.
• Ask the facility or an attorney what happens if ICE does not pick the person up within the time on the form.
• To prepare: ask the prison or jail whether there is a detainer and what the release date is, and write down the person's Alien Registration Number (A-number) if they have one. [ICE] (opens in new tab)

Parole, community placement and credits

• Form I-247A says the detainer "should not impact decisions" about parole, release, custody classification, work or other matters. Each state sets its own parole and program rules, so ask the DOC or parole board how a detainer is handled. [ICE] (opens in new tab)
• Federal prison: under federal law (18 U.S.C. 3632(d)(4)(E)), a person who is the subject of a final order of removal cannot apply First Step Act time credits toward prerelease custody or supervised release. [18 U.S.C. 3632 (uscode.house.gov)] (opens in new tab) The BOP explains these credits on its site. [BOP] (opens in new tab)

How to find someone in ICE custody

• Use the ICE Online Detainee Locator. ICE recommends searching by A-number (exactly nine digits; add zeros at the front if it is shorter) along with the correct country of birth. [ICE Online Detainee Locator] (opens in new tab)
• The locator does not show anyone under 18. [ICE Online Detainee Locator] (opens in new tab)
• For questions, ICE runs a free line (DRIL) at 1-888-351-4024, Monday to Friday, 8 a.m. to 8 p.m. Eastern, with Spanish-speaking operators. [ICE Online Detainee Locator] (opens in new tab)
• If the person has an immigration court case, you can check its status with the A-number in EOIR's case information system. [EOIR] (opens in new tab)
• ICE publishes its list of detention facilities with addresses and visiting information. [ICE] (opens in new tab)

Getting legal help

• The immigration courts (EOIR) publish a list of nonprofits and attorneys who give free (pro bono) help, updated each quarter and organized by court. [EOIR] (opens in new tab)
• USCIS explains how to find authorized legal help and avoid "notario" scams. [USCIS] (opens in new tab)
• Ask early. If there is a detainer, it helps to talk to an immigration attorney before the release date, not after.

Next steps on OutSooner

Start by confirming the official release date. That tells you when a detainer could come into play.

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