Immigration detention in the United States represents one of the largest systems of civil confinement in the world. Every year, hundreds of thousands of people are held in Immigration and Customs Enforcement (ICE) detention facilities across the country.
The length of time an individual may spend in a detention center can vary, from a few days to several months, to several years. Factors that impact this include their 1.) current immigration status, 2.) legal proceedings, and 3.) individual circumstances.
In this article, the Gonzales & Gonzales Immigration Bonds team will help to explain everything you need to know about the duration a person is held in detention:
What is an Immigration Detention Center?
Immigration detention centers are facilities used by ICE to hold individuals who are going through immigration proceedings or awaiting deportation. These facilities can range from dedicated immigration detention centers to county jails that contract with ICE.
Unlike criminal detention, immigration detention is civil in nature, meaning it is not meant to be punitive (disciplinary). The primary stated purpose is to ensure that individuals appear for their immigration court hearings and comply with immigration orders.
What Reasons are People Held in Detention For?
People may be held in immigration detention for various reasons, including:
- Recent border crossings: Individuals apprehended while attempting to enter the U.S. without proper documentation may be detained pending expedited removal proceedings.
- Visa violations: People who have overstayed their visas or violated the terms of their legal status may be detained while their cases are processed.
- Criminal convictions: Non-citizens who have completed sentences for certain criminal convictions may be held in immigration detention pending deportation proceedings.
- Asylum seekers: People requesting asylum at ports of entry or within the United States may be detained while their claims are evaluated, though many are eligible for release on parole.
- Administrative processing: Some individuals are detained while ICE verifies their identity or processes paperwork related to their immigration cases.
How Long Does a Person Have to Be Detained Until They Can Leave?
While some organizations suggest that the average detention timeframe is less than a month, other organizations say it lasts approximately two or three months. Ultimately, the duration of immigration detention varies significantly and depends on multiple factors:
- Expedited removal cases: For expedited removal cases, detention may last only a few days or weeks if the person agrees to return to their country of origin. However, if they seek asylum, the process can take months or longer.
- Pending immigration court cases: For those with pending immigration court cases, detention can last several months to over a year as they await court dates and decisions. The immigration court backlog significantly impacts these timeframes.
Individuals who receive final orders of removal may be detained for up to 180 days while ICE arranges their deportation. However, if deportation proves impossible (for example, if their home country won’t accept them), they may be released under supervision.
Some individuals can secure release through various mechanisms:
- Bond (if eligible)
- Parole for humanitarian reasons
- Alternatives to detention programs
- Successfully challenging the legality of their detention in federal court
What You Can Do to Get a Person You Know Out of Detention
If you or a loved one is in immigration detention, several resources are available:
- Contact a legal service provider and the ICE Detention Reporting line: First, you should contact immigration legal service providers such as Gonzales & Gonzales Immigration Bonds for assistance. You should also call the ICE Detention Reporting and Information Line at 1-888-351-4024 for information about specific cases or to report concerns about conditions.
- Contact your congressional representative’ office: Also, you should consider contacting your congressional representatives’ offices, as they may be able to inquire about cases or assist with particularly challenging situations.
- Keep records of everything: Lastly, document everything related to the case, including all interaction with immigration authorities, medical issues, and conditions in detention. This information can be crucial for legal proceedings or addressing concerns about treatment.
Have Questions? Gonzales & Gonzales Immigration Bonds Can Help!
If you need assistance with getting a family member out of a detention center, we can assist you! At Gonzales & Gonzales Immigration Bonds, we have more than 75 years of experience getting immigrants out of detention and restored to their families. If you have questions or concerns, we have team members available to speak with you in English and Spanish. Contact us at (800) 628-8888 today!