What Happens if ICE Places a Hold on You?

 Posted on February 27, 2026 in Immigration

If ICE places a hold on you, it means the agency has filed a formal request asking the jail or facility where you're being held to keep you in custody so ICE can take you into its own custody. This is called an immigration detainer, and it can happen even if your criminal charges are dropped or you're otherwise ready to be released.

If you or someone you love is facing this situation, Salvado Law Offices can help. Our Herndon, VA immigration lawyers can help you understand your options and build a deportation defense before time runs out.

What Is an ICE Detainer, and How Is It Different From an Arrest?

An ICE detainer, also called an immigration hold, is not the same as a criminal arrest. It’s a written request from ICE to a jail, prison, or other facility. The request asks the facility to notify ICE before releasing you and to hold you for up to 48 hours past your normal release time.

The legal basis for this process comes from 8 C.F.R. § 287.7, the federal regulation that governs how ICE issues detainer requests to local law enforcement.

The detainer itself does not mean you've been convicted of anything. It means ICE believes it has reason to think you may be removable from the United States and wants time to take you into custody before that happens.

Does Virginia Law Require Local Jails To Honor an ICE Hold?

This is where things get complicated, and the answer can vary depending on where in Virginia you are. Virginia Code § 53.1-220.2 allows a jail to transfer an incarcerated person to ICE upon receipt of a detainer, up to five days before the scheduled release date. In practice, some local agencies state they will only transfer someone when ICE has submitted a lawful arrest warrant, not a detainer request alone.

What Happens After ICE Takes You Into Custody?

Once ICE takes over, you'll be moved to an immigration detention facility. This could be a local jail that contracts with ICE, a private facility, or a dedicated immigration detention center. ICE has the authority to transfer you to a facility anywhere in the country, which can make it much harder for family members or attorneys to reach you.

At that point, ICE will review your case and decide whether to pursue removal proceedings. Under Section 236 of the Immigration and Nationality Act (INA), ICE has the authority to detain you while your case moves through immigration court. Depending on your situation, you may be eligible for a bond hearing, where an immigration judge decides whether to release you while your case is pending.

What Are Your Rights When ICE Places a Hold on You?

Even with a detainer, you still have legal rights that are important to be aware of:

You have the right to remain silent. You are not required to answer questions about your immigration history, where you were born, or how you entered the country.

You have the right to speak with an attorney. ICE is required to give you a list of free or low-cost legal service providers.

You have the right to contact your country's consulate. Foreign nationals have the right to notify their home country's embassy or consulate upon detention.

You should not sign any documents without speaking to an attorney first. Signing certain forms, like a voluntary departure order, can have serious long-term consequences.

Contact Our Tysons, VA Deportation Defense Attorneys Today

Facing an ICE hold is scary. The decisions made in the first hours and days can shape everything that follows. At Salvado Law Offices, our Herndon, VA immigration lawyers are fully prepared and committed to taking on your case with diligence and attentiveness. Attorney Carlos Salvado is a frequent guest on Agendo Radio, where he serves as a voice and advocate for the Hispanic community. He addresses questions about local and national issues that affect Latin Americans and immigrants throughout Northern Virginia.

Call 703-379-9446 to schedule a consultation today. Se habla Español.