How Long Can ICE Hold You in Immigration Detention?
There is no hard federal limit on how long ICE can detain someone in immigration proceedings. But courts have imposed limits in certain cases, and federal law requires post-order review. In practice, most immigration detention cases are resolved — through bond, supervision, or removal — within months, though some detentions stretch for years.
Reviewed by Gracie Johnson, Certified Specialist in Immigration and Nationality Law, State Bar of California, California State Bar #276536
Last reviewed: July 2, 2026
Once a person receives a final order of removal, ICE has 90 days (the 'removal period') to physically remove them. After 90 days, if the person cannot be removed (e.g., because their country of origin is refusing to issue travel documents), ICE can continue to detain them under INA § 241(a)(6) for an additional period while seeking removal. The Supreme Court in Zadvydas v. Davis (2001) held that detention beyond 6 months after the removal period is presumptively unreasonable unless removal is reasonably foreseeable.
Before a final order, detention length is governed by bond proceedings and case timelines. A person detained without bond can file for a bond hearing before an immigration judge. The immigration court backlog in Los Angeles means that hearings can be weeks away. An attorney who files quickly and argues effectively for bond can dramatically reduce the time a person spends in detention.
Mandatory detention (no bond eligibility) applies to certain categories of immigrants: those with aggravated felonies, certain crimes involving moral turpitude, controlled substance offenses, and terrorism-related grounds. If mandatory detention applies, a bond hearing is not available.
If a family member is in ICE detention, call Gracie Johnson Law at (310) 554-4630 immediately. Time spent in detention can affect case outcomes — acting fast matters.
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Also available in Spanish: ¿Cuánto Tiempo Puede ICE Retenerlo en Detención de Inmigración?