What does detainer mean in jail?
Asked by: Amparo Zulauf | Last update: February 7, 2026Score: 4.4/5 (10 votes)
A detainer in jail means a formal hold placed on an inmate, requesting that the facility keep them in custody (or notify the agency) even after their local sentence ends, so another agency (like another state, the feds, or ICE) can take them for pending charges, parole violations, or immigration issues. It's a notice to prevent release, ensuring they face separate legal matters in another jurisdiction or for deportation, often involving requests to extend custody by up to 48 hours.
How long can a jail hold you on a detainer?
California Prison Detainer Hold Duration Explained
In California, when an inmate is held on a detainer awaiting transfer to another state, there is no strict 72-hour limit for holding the inmate. Transfers depend on coordination between states and transportation logistics.
What is a detainer in jail?
A detainer is a legal document requesting that an inmate be held in custody by one agency for another agency.
What does it mean if someone has a detainer on them?
An immigration detainer is a request from ICE that asks a federal, state or local law enforcement agency — including jails, prisons or other confinement facilities — to: Notify the requesting agency as early as possible before they release a removable alien.
What is the difference between a detainer and a warrant?
An ICE detainer is not a warrant. It is a civil administrative request issued by Immigration and Customs Enforcement under 8 C.F.R. § 287.7. The form—often called Form I-247A—asks local law enforcement to hold an individual for up to 48 hours beyond the time they would otherwise be released so ICE can take custody.
What does being on an ICE detainer mean when you're in a county jail
How does a detainer affect my legal status?
An ICE detainer may interfere with your release at the end of a sentence. If the jail or prison decides to follow a detainer request, you would be held for up to 48 hours so ICE can arrest you. An ICE detainer may interfere with your release even if all charges against you have been dismissed.
How long does it take for a detainer to be lifted?
It depends on the judge and how willing the judge is to act on the motion to lift detainer. Some might be willing to do it immediately, and some wait until a formal hearing on the matter can be scheduled, which could take weeks or months depending on their calendar and how often they allocate time for motions.
How does a detainer affect bail?
The existence of an ICE detainer can impact a client's case early on by affecting their access to bail or other pre-trial release. If a client subject to an ICE detainer is released on recognizance or posts bail, they may be transferred to ICE instead of actually being released.
How long does being detained last?
Penal Code § 825). This “48-hour rule” means that within two days, you must either be charged with a crime or let go. However, there are a few exceptions that may allow the police to hold you for more than 48 hours, such as if you're arrested on a warrant from another county or if a judge grants a special extension.
What is the lowest level of jail?
Minimum security institutions, also known as Federal Prison Camps (FPCs), have dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing.
Do detainers require a warrant?
ICE Detainers Are Non-Mandatory, Optional Requests. Law enforcement agencies must decline any ICE detainer request that does not have a judicial warrant in order to minimize the risk and liability of holding a person in violation of the Fourth Amendment.
How long can you stay in a detention center?
The length of time in a detention center varies widely, from hours or days (like waiting for processing or a court appearance) to months or even years, depending on the reason for detention (criminal vs. immigration), legal proceedings, operational capacity, and individual case factors like country of origin or case complexity. For criminal cases, people are often held for days until processing or transfer, but can be months in jail awaiting trial; for immigration, it can range from days to years, especially if removal is difficult.
How much is $20 worth in jail?
With $20 per month, the prisoner could at least purchase soap, quality toothpaste (and a quality toothbrush), and batteries for their radio. Even a single check for $15 could allow a prisoner to purchase a few comforts which would traditionally be outside of their reach.
Can you walk away if you're being detained?
If the officer informs you that they do not intend to detain you, you can leave at that point. However, if they do intend to detain you, they may question you, transport you to the police station or even place you under arrest if they suspect you of a crime.
What does a detainer hold mean?
The detainer indicates ICE's interest in arresting the person upon their release from criminal custody, even if that is before the criminal case is concluded. Immigration detainers are the primary immigration enforcement tool ICE uses to apprehend suspected noncitizens.
Can you be handcuffed while being detained?
A police officer might handcuff you while you are detained, but this is not an arrest. However, detention can escalate into an arrest if officers find evidence that supports probable cause.
What is the 72 hour rule in jail?
The "72-hour rule" in jail generally means law enforcement must bring an arrested person before a judge or file formal charges within 72 hours (excluding weekends/holidays) of arrest, or the person must be released, though this is a guideline, and delays (especially for lab results) can occur. This initial appearance, called a preliminary hearing or arraignment, determines bail and appoints counsel, influencing the case's early direction.
How long can someone be held in jail without being charged?
You can generally be held in jail for 48 hours without formal charges, though this can extend to 72 hours (3 days), especially over weekends or holidays, before a judge must find probable cause or the prosecutor files charges, requiring release or a bail hearing, though exceptions exist. The U.S. Constitution guarantees the right to a speedy arraignment, meaning law enforcement can't hold you indefinitely without a prosecutor deciding to proceed with charges or release you, often after your initial appearance before a judge.
How much do you have to pay if your bond is $1000?
If a bail bond is set at $1,000, you typically pay $100 (10%) to a bail bond agent as a non-refundable fee to secure release, or you can pay the full $1,000 directly to the court as a cash bond, which is usually refunded after the case ends if conditions are met. The choice depends on whether you want a lower upfront cost with a fee (bond agent) or pay the full amount for a potential refund (cash bond).
How long does it usually take to be released from jail?
Getting released from jail varies, but after bail is posted, it typically takes 2 to 8 hours, often longer on weekends or holidays due to staffing and paperwork, with complex cases or multiple charges potentially taking 24 hours or more, while an attorney can sometimes speed things up by handling paperwork or waiving hearings. Factors like jail volume, staffing, time of day, and specific charges (like domestic violence) significantly impact the timeline, with releases ranging from minutes in best-case scenarios to days in worst-case situations.
What's the difference between a detainer and a warrant?
An ICE detainer is not a warrant. A genuine criminal warrant must be issued by a judge and supported by a determination of probable cause. In contrast, ICE detainer is issued by an ICE officer, not a judge, and is frequently issued simply because ICE has “initiated an investigation” into a person's status.
What does it mean to place a detainer?
A detainer is a legal hold placed on an individual, typically a criminal defendant, by law enforcement or a judicial authority. This hold can be issued to prevent the release of an inmate who is facing pending charges from another jurisdiction.
What does "released with detainer" mean?
In the United States, a detainer in the context of criminal law is a request filed by a criminal justice agency with the institution in which a prisoner is incarcerated, asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent.