Empowering Immigrants, Strengthening America
There have been stories throughout the news recently of Immigration and Customs Enforcement holding people in detention for an extended period of time, and families often ask us whether this is legal. Unlike criminal sentencing, immigration detention does not follow a fixed timeline, and the answer depends on the person’s case status, prior immigration history, and whether they are contesting removal. A Camden immigration attorney at DeCosmo Law can review the specific facts of a case and help families understand what to expect next.
No Fixed Maximum in Most Cases
For individuals with a final order of removal, federal law generally provides a 90-day period to carry out deportation. Detention can continue beyond that, but after about six months, a person may be able to challenge it if there’s no significant likelihood of removal in the reasonably foreseeable future.
For those still fighting their case in immigration court, however, detention can stretch on for months or even years while proceedings, appeals, and administrative reviews play out. ICE holds detainees at a limited number of New Jersey facilities and often transfers people to facilities in other states, which can affect how long a case takes.
Factors That Affect Detention Length
Several elements influence how long a person remains in custody, including:
- Whether the individual has a pending asylum or relief application
- Prior removal orders or immigration violations on record
- Availability of bond and whether a bond hearing has been requested
- Backlogs at the local immigration court handling the case
- Cooperation from the detainee’s country of origin in issuing travel documents
Because these factors interact, two people with similar circumstances can experience very different detention timelines.
Bond Hearings Can Shorten Detention
Many detainees are eligible to request a bond hearing before an immigration judge. Securing bond does not resolve the underlying case, but it allows the individual to remain with family and continue working while the case proceeds. Not everyone qualifies for bond, particularly those with certain criminal histories or prior deportation orders, which makes early legal guidance important.
Habeas Petitions for Prolonged Detention
When detention continues for an extended period without meaningful progress toward resolution or removal, detainees may have grounds to challenge the confinement through a habeas corpus petition in federal court. Courts have found that prolonged detention without a bond hearing can raise due process concerns, particularly when removal is not reasonably foreseeable. Immigration proceedings and related custody determinations are governed by federal statute and agency regulation, which is why case-specific legal review matters so much in these situations.
What Families Should Do Right Away
Acting quickly after a detention makes a meaningful difference. Locating the detained individual through the ICE online detainee locator, gathering documentation related to their immigration history, and consulting an attorney promptly can all affect how the case unfolds and how long detention lasts.
Contact Our Camden Immigration Law Attorneys
Every ICE detention case involves its own timeline, and guessing at next steps can cost valuable time. DeCosmo Law works with families in Camden and throughout New Jersey to evaluate detention circumstances and pursue release options where available. Call 856-361-2122 or online to schedule an appointment to discuss your situation.