ICE Detainers and Bail Bonds in California
An ICE detainer can complicate release even after criminal bail is posted. Here's what a detainer is, how it differs from a criminal hold, and what families should know.
What an ICE detainer is
An ICE detainer is a request from U.S. Immigration and Customs Enforcement asking a local jail to hold someone for up to 48 hours beyond their scheduled release so ICE can take custody. It's separate from the criminal case — it's an immigration matter.
A detainer doesn't change the criminal bail amount, but it can mean that even after the criminal bond is posted and the criminal case is resolved, the person isn't released — instead, they're transferred to immigration custody.
Criminal bail vs. immigration bond
A criminal bail bond (what we post) secures release from criminal custody and guarantees court appearances in the criminal case. An immigration bond is a separate, federal bond paid to immigration authorities to release someone from ICE detention while their immigration case proceeds.
California law (the Values Act, SB 54) limits when state and local agencies can cooperate with ICE, but detainers still occur, especially for certain serious offenses. The two systems are separate, and a criminal bond does not resolve an immigration hold.
What it means for families
If an ICE detainer is in play, posting the criminal bond may not result in your loved one walking out — they may be transferred to immigration custody. It's critical to understand this before paying the premium, and to coordinate with an immigration attorney.
We handle the criminal bail side and will be honest with you about whether a detainer appears to be in effect. Immigration strategy is a question for a licensed immigration attorney, and we'll encourage you to get that advice early.
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