Fact check: How long can ICE legally detain someone without a hearing?

1. Summary of the results

The question of ICE detention duration is complex and does not have a simple time limit. While ICE technically has a 48-hour rule for taking custody or releasing individuals after receiving a detainer request from local law enforcement ^[1], the reality is much more complicated. The Supreme Court case Jennings v. Rodriguez has effectively allowed indefinite detention without periodic bond hearings ^[2], though some federal circuits, specifically the Ninth and Second Circuits, have ruled that detainees should receive bond hearings within six months ^[3].

2. Missing context/alternative viewpoints

Several crucial factors affect detention duration that weren't addressed in the original question:

• Detention length varies based on criminal history, immigration status, country of origin, and court backlogs ^[4]
• ICE cannot deport someone without verifying identity and obtaining travel documents, which can extend detention time ^[4]
• The situation has become more stringent as of June 2025, with increased detention occurring at immigration court hearings ^[5]
• While there is no universal timeline, detainees maintain rights to due process and periodic reviews of their detention ^[6]

3. Potential misinformation/bias in the original statement

The question assumes there is a clear legal time limit, which oversimplifies a complex issue. Several groups have stakes in this matter:

• Government/ICE Benefits: The current system gives ICE significant discretion in detention duration, strengthened by the Supreme Court's Jennings v. Rodriguez ruling ^[2]
• Immigration Rights Groups: These organizations argue that indefinite detention without bond hearings violates due process rights ^[3]
• Legal System: Federal circuit courts have begun pushing back against unlimited detention powers, suggesting a growing tension between different branches of government ^[3]
• Detained Individuals: Face increasing challenges with recent policy changes making detention more likely at court hearings ^[5]