ICE Detention Timelines: How Long Can You Be Held Before Deportation?

February 17, 2025

The uncertainty of ICE detention is overwhelming, and many wonder, How long will I be held before deportation? The answer depends on several factors, including criminal history, immigration status, and court backlogs.

Attorney Lisa Christopher Wogwu at Wogwu Law understands how stressful this situation can be. She provides compassionate legal support to those in ICE custody, helping individuals fight for release and the best possible outcome.

This article breaks down ICE detention timelines, key factors that affect how long someone may be held, and legal options to challenge detention. If you or a loved one is detained, Wogwu Law is here to help.

What is ICE Detention?

ICE (Immigration and Customs Enforcement) enforces U.S. immigration laws. When ICE detains someone, they are placed in custody until their case is resolved—whether that means being released on bond, granted relief, or deported.

People can be detained for various reasons, including:

  • Overstaying a visa
  • Entering the U.S. without authorization
  • Having a prior order of removal
  • Being arrested for certain criminal offenses
  • Being flagged for suspected immigration fraud
  • National security concerns

Main Factors That Influence Detention Length

Not everyone detained by ICE is held for the same amount of time. Several factors affect how long someone remains in custody before deportation.

Criminal History

A criminal record can significantly impact detention length. Aggravated felonies and drug-related offenses often result in mandatory detention with no bond option. Even an arrest without conviction can lead to an ICE hold and extended custody.

Minor offenses like DUIs or misdemeanors may not trigger automatic detention but can still delay processing. ICE may take extra time to assess risk, request documents, or initiate removal proceedings, leading to longer stays in custody.

Immigration Status

Different immigration statuses affect detention time. Undocumented immigrants often face longer holds while ICE verifies identity and past immigration history. In many cases, background checks or foreign government records may be needed before removal.

Visa holders may be processed faster, but release eligibility depends on case details. Green card holders (lawful permanent residents) can also be detained, especially if they have criminal convictions that could lead to deportation. 

Certain offenses make green card holders deportable, meaning they may remain in custody while their case is reviewed.

Nationality

The country of origin can impact how long someone is detained. Some nations have agreements that allow for faster deportation, while others delay or refuse repatriation. For example:

  • Mexico and Central American countries often process deportations more quickly.
  • Cuba, Venezuela, and some African nations may take longer due to strained diplomatic relations.

Case Complexity

Some cases take longer to process due to legal challenges, pending applications, or the need for additional evidence. Lengthy cases may involve:

  • Asylum claims
  • Withholding of removal requests
  • Appeals and motions to reopen cases
  • Waivers for past immigration violations

Availability of Detention Facilities

ICE detains people in a network of facilities, including private detention centers and county jails. Overcrowding or lack of resources can delay transfers and hearings, keeping people in custody longer than expected.

Court Processes and Backlogs

Immigration courts are overwhelmed with cases, which can slow down proceedings. Some key facts:

  • Immigration judges have massive caseloads, leading to delays in hearings.
  • Some courts have wait times of months or even years before a case is resolved.
  • Appeals and administrative delays can stretch detention timelines even further.

Time to Obtain Documents

ICE cannot deport someone without verifying their identity and obtaining travel documents. If a detainee lacks:

  • A valid passport
  • A birth certificate
  • Other government-issued identification

Then their removal may be delayed until these documents are secured.

Health and Safety Concerns

Medical conditions, disabilities, or concerns for personal safety may impact detention length. Individuals with serious health issues may sometimes be released on humanitarian grounds.

Important Timeframes Related to ICE Detention

While there’s no universal timeline for how long someone will be held, several important deadlines and legal guidelines impact detention length.

  • 48-Hour Rule: If another law enforcement agency arrests a person and ICE places a hold, ICE must take custody within 48 hours. If not, the person should be released.
  • 90-Day Removal Period: Once a final removal order is issued, ICE aims to deport the individual within 90 days. However, this is not guaranteed.
  • Post-90-Day Review: If deportation is delayed beyond 90 days, ICE may conduct periodic reviews to determine whether continued detention is necessary.
  • Indefinite Detention: In cases where deportation is not immediately possible, individuals may be detained indefinitely, although some may qualify for supervised release.

Don’t Face ICE Detention Alone: Contact Wogwu Law

Dealing with ICE detention is overwhelming, but no one has to face it alone. Attorney Lisa Christopher Wogwu at Wogwu Law is here to fight for your rights and work toward the best possible outcome. 

Whether it’s securing bond, challenging deportation, or seeking relief through asylum, Wogwu Law is ready to help.Call today at (210) 972-4480 to schedule a consultation. Let’s talk about your case and find the best path forward.