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How long can ICE detain a legal immigrant or visa holder without charging them with a crime?
Executive summary
ICE’s custody of noncitizens is primarily civil, not criminal, and there is no single statutory time limit that universally bars ICE from holding a lawful immigrant or visa holder without criminal charges; instead custody duration is governed by a mix of immigration law (including mandatory-detention provisions), ICE custody decisions and agency detention standards, which in practice have produced stays ranging from hours to many days or longer depending on processing, transfers and litigation (see ICE detention policy and standards) [1] [2]. Local reporting and court records show many detainees intended to be held only for hours at processing sites have been kept days or more — median stays of roughly 48 hours at one facility and reports of multi‑day holds at others — and courts have recently intervened to set limits on conditions and access [3] [4].
1. Civil detention, not criminal arrest — the legal frame that matters
ICE detains people under immigration law to secure appearance at removal proceedings or effect removal; this detention is civil rather than criminal and custody determinations are made by ICE to assess mandatory detention, flight risk or public-safety concerns [1]. That legal status means the routine criminal‑justice protections tied to charging windows in criminal law do not automatically apply; instead whether someone is released or held turns on statutory immigration rules and ICE’s discretion [1].
2. No single “X hours” ceiling in federal law — standards are administrative and variable
Available sources do not identify a unilateral federal statutory time limit (e.g., 12 or 48 hours) that forbids ICE from holding a legal immigrant or visa holder without charging a crime; rather, detention is managed under the Immigration and Nationality Act and ICE’s detention management guidance and National Detention Standards, which set processes and expectations rather than an absolute detention clock [1] [2]. The National Detention Standards (revised in 2025) function as agency guidance on conditions and processing; they do not create a criminal‑law charging requirement or a hard universal time cap documented in the provided materials [2] [5].
3. Processing facilities vs. longer‑term detention — practice often exceeds intended short stays
ICE distinguishes short‑term processing sites from longer‑term detention centers, and agency documents and reporting show people meant to be processed in hours are sometimes held days. A federal case about Broadview, Ill., cited a “supposed 12-hour limit” for a processing site but showed a median detainee stay near 48 hours as of early June, later rising to about three days, and court orders have followed regarding facility conditions and access to counsel [3] [4]. Local investigations and FOIA‑driven projects have found people held “more than four days” in locations ICE claimed were not detention centers [6].
4. Mandatory detention rules and recent policy shifts change who must be held
ICE notes it is “legally obligated to detain some” people — for example, certain criminal convictions can trigger mandatory immigration detention — and agency practices have shifted over time to emphasize custody for people with certain histories or who are deemed public‑safety or flight risks [1] [7]. Recent litigation in Georgia and elsewhere shows courts are actively scrutinizing expansions of mandatory‑detention policies, indicating that statutory mandates and policy choices both affect duration [8].
5. Reporting and human‑rights groups document long detentions and systemic strain
Human Rights Watch, The Marshall Project and nonprofit legal groups report surges in arrests and widespread multi‑day holds during 2025 raids and processing backlogs; Human Rights Watch documented a high weekly arrest rate in Los Angeles and said raids produced mass detentions, while data projects and city officials found people held for more than 12 or even four days in some facilities [9] [6]. Immigrant‑advocacy snapshots and lawsuits also describe extended confinement, restricted access to counsel and conditions prompting litigation [10] [11].
6. Courts and local officials are the frequent check — but outcomes vary
When local reporting or lawsuits uncover extended holds or poor conditions, federal judges and local officials have sometimes limited ICE operations or ordered improvements, as in the Broadview litigation where judges required better sanitary conditions and access to lawyers [3] [4]. However, remedies are facility‑ and case‑specific: some rulings set limits or oversight, while other venues see prolonged detentions continuing amid expanded detention capacity [11] [12].
7. What to do if you or someone you know is detained
Available sources describe ICE’s custody determination process and stress contacting local ERO field offices or initiating an ICE case review if someone believes detention is improper; local counsel and civil‑rights groups have been central to challenging prolonged detention in courts and FOIA requests have exposed facility practices [1] [6]. Specific legal remedies depend on case facts and recent litigation trends documented in reporting [13] [3].
Limitations: Sources reviewed include ICE policy pages, national detention standards, investigative reporting and NGO analyses from 2024–2025. They do not provide a single, statutory hourly cap that applies universally to all lawful immigrants or visa holders; where reporting cites “12‑hour” processing expectations, local practice and litigation demonstrate those expectations are frequently exceeded [2] [3] [6].