ICE detainers and holds
An ICE detainer (hold) asks a jail to keep someone for immigration authorities. It can be the first step toward removal — and there is a short window to act. Free, confidential consultation.
What a detainer means
What is an ICE detainer?
An ICE detainer (Form I-247) is a request from Immigration and Customs Enforcement asking a jail or law-enforcement agency to hold a person for up to 48 hours beyond when they would otherwise be released, so ICE can take custody. A detainer is a request, not a judicial warrant, and there are limits on how long someone can be held on one. Because a detainer often precedes transfer to immigration detention and the start of removal proceedings, getting counsel involved immediately can shape what happens next.
What to do quickly
- Do not sign anything agreeing to removal or waiving rights
- Identify where the person is held and the detainer status
- Prepare for a possible transfer and bond hearing
Prior results do not guarantee a similar outcome. Every matter is different and depends on its own facts.
No outcome is promised or guaranteed. Descriptions of process are general and are not a prediction about any specific matter.
The information on this page is provided for general informational purposes only and does not constitute legal advice.
Attorney advertising. This material is for general information and may be considered advertising under the rules of the State Bar of Texas and the Oklahoma Bar Association.
Frequently asked questions
- What should I do if ICE placed a detainer on my relative?
- Act immediately. Do not let them sign anything agreeing to removal. Find out where they are held, and prepare for a possible transfer to ICE and a bond hearing.
- Is an ICE detainer a warrant?
- No. A detainer is a request to a jail to hold someone briefly for ICE, not a judicial warrant. There are legal limits on holding someone on a detainer.