When Can ICE Detain You?

In the past, ICE would request a detainer from a prison or jail. Then, the facility would keep you for up to 48 hours after the end of your sentence so that ICE could pick you up. Even if you posted bail or were released because the police realized your innocence, ICE could still request your detention.

Thanks to the Gonzalez v. ICE class action lawsuit and settlement, there are new restrictions placed on how detainers can be requested. The Pacific Enforcement Response Center (PERC) is normally responsible for issuing detainers in the United States after business hours. Under the settlement, PERC can only issue detainers for someone who is already going through the removal process or who has a previous deportation order. Otherwise, PERC has to go through a neutral review process first.

Starting on March 4, 2025, ICE must file a Requests for Notification of Release instead of a detainer. This means that the law enforcement office is requested to notify ICE about the individual’s release, but they are not authorized to detain them. The individual who is in custody must also be served a copy of the notification by the law enforcement agency.

What Crimes Are Deportable in Immigration?

In 2025, there are a few major immigration laws facing California. While a change in attitude from the federal government has led to more ICE raids, California also has statutes on the books that involve deportation for specific crimes. To ensure you aren’t imprisoned or deported on trumped up charges, take a moment to locate an affordable criminal defense attorney near me.

• Crimes of moral turpitude: These are crimes that are especially depraved, such as murder, embezzlement, and rape. The Board of Immigration Appeals (BIA) doesn’t look positively on these crimes. You can be deported if you committed two crimes of moral turpitude. Alternatively, you can be deported for a single crime if it occured in the five years after you came to the United States and could have resulted in at least a one-year sentence.
• Aggravated felonies: You should talk to the best criminal defense attorney if you have been charged with aggravated felonies because these can lead to immediate deportation.
• Drug crimes: Possessing, selling, manufacturing, or trafficking in drugs can result in deportation. A drug crime can also lead to the end of your permanent residence or asylum claim.
• Domestic violence crimes: Domestic violence, child abuse, child neglect, stalking, and similar crimes can result in deportation.
• Firearm offenses: Anything involving a firearm–including attempting to buy a firearm–is a deportable offense.

When Does ICE Pick Up Inmates?

In California, there are around 1.8 million undocumented immigrants. Unfortunately, ICE can potentially pick up any of these individuals if they are arrested, which is why finding a local criminal defense lawyer is so important. If someone is detained in prison or jail because of an ICE request, ICE has a maximum of 48 hours to pick them up. After that time period, the individual must be released

Get Help Navigating Your Criminal Case

If you are dealing with immigration-related issues, criminal charges can make the situation worse. Once ICE is aware of your presence, it will move quickly to begin the deportation process. Because of this, you need the best criminal defense attorney possible. Ongoing criminal proceedings and potential convictions could derail any hope of permanent residency, so you need to get help right away.

To learn about the best steps for navigating your criminal charges and deportation risks, reach out to our team of experienced attorneys today.