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How long does an immigration hold stay in effect? What happens if the amount of time expires?
Question:
How long does an immigration hold stay in effect? What happens if the amount of time expires?
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Under the law, a jail may only hold someone on an immigration hold for up to 48 hours after the time that the jail would otherwise release the person, excluding weekends and holidays. For example, the 48 hours would begin when the individual has posted bail or would be released on his or her own recognizance; or when the case has been dismissed by the judge; or when the person has served the maximum sentence for the crime.
When the 48 hours expires, the jail is supposed to release the person from its custody. If the jail or prison does not, then the person or his or her family may be entitled to file a lawsuit against the jail/prison for unlawful detention.
For more information on immigration holds, please visit: "Immigration Holds: From Regular Jail to Immigration Detention."