The current political winds have prompted a surge on "INS Holds. " An immigration detainer or immigration hold is a request by the U.S. Government to a state or local government for the local government not to release a detained non-citizen until the Immigration and Customs Enforcement ("ICE") is notified that the person is free to go on local charges. Once the non-citizen qualifies for local release from prison, and the ICE is notified, the U.S. Government generally has 48 hours to decide whether the person will go under federal custody. In most cases, the immigration authorities then issue a Notice to Appear, which is the document that formally begins deportation or removal proceedings.
In any case a person has been informed that there is an "INS Hold", it is important to consult with an immigration attorney to explore the remedies available to the person subject to the "hold" or detainer.