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    Immigration Holds and ICE Detainers: What They Mean for Bail

    When ICE puts a hold on a defendant, posting state bail doesn't get them released.

    An ICE detainer (Form I-247) is a request from Immigration and Customs Enforcement asking the local jail to hold a defendant for up to 48 hours past their scheduled release.

    What it means in practice

    Even if state bail is paid, ICE takes custody and transfers the defendant to an immigration facility.

    What can be done

    Coordinate with an immigration attorney before posting state bail. There are immigration bonds, but they're separate from criminal bail and posted at federal facilities.

    Whether to post bail anyway

    Sometimes yes — getting the criminal case resolved can affect immigration outcomes. This is an attorney decision.

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    Updated October 23, 2026 · Information only — not legal advice. For specific situations call (909) 406-6909.