Immigration Holds and Bail Bonds: What Families Need to Know
It can feel like the ground drops under your feet when you hear, “ICE has a hold on them.” Families in Houston call us in tears because they were ready to post bail at the jail, only to learn their loved one is not coming home yet. The criminal case is one issue. The immigration hold is another.
This guide explains how immigration holds and bail bonds work in Texas, how ICE detainers affect jail release, and what families can do next in Harris County.
The Difference Between Criminal Bail and Immigration Bonds
Two Systems, Two Kinds of Custody
When someone is arrested in Harris County, they begin in state or county custody on the criminal charge. At this stage, bond is set under Texas law, and a local bail bondsman like 24/7 Bail Bonds can help with a surety bond.
But if immigration authorities get involved, a second type of custody may apply:
- State / county custody for the criminal case
- Federal immigration custody for possible removal or deportation
That second layer is what makes the process confusing. A person can have bond on the Texas charge and still stay locked up because of an ICE detainer.
For families new to the bail process, it can help to review 24/7’s guides on What Is a Bail Bond? and How Does the Bail System Work? to understand the basics before adding immigration issues on top.
What Is an ICE Hold or Immigration Detainer?
How an ICE Hold Starts
An ICE hold (also called an immigration detainer) is a request from Immigration and Customs Enforcement asking the local jail to:
- Hold the person up to 48 hours after they would normally be released
- Give ICE time to transfer them into federal immigration custody
This often happens when:
- Someone is booked into the Harris County Jail
- Their fingerprints and data go to federal databases
- ICE believes they may not have lawful status or may be deportable
Even if the family posts bail, the person may still be held because of the detainer.
“No Bond” vs. “ICE Hold”
Families often misunderstand the terms:
- “No bond” means the criminal judge will not allow release on the Texas charge. 24/7 explains this in What Does No Bond Mean?
- ICE hold means the person may qualify for bail in the Texas criminal case, but ICE wants to take custody when they leave the jail.
The difference matters because sometimes the criminal bond still helps set up a later release through immigration court.
Federal vs. State Custody: Who Has Control?
State Case First, Then Immigration
In most cases, the state criminal case comes first:
- Arrest in Harris County
- Booking
- Judge sets bond
- Possibility of release through a bondsman
But if there’s an ICE hold:
- The jail will hold the person up to 48 hours after their scheduled release
- ICE may then transfer them to a federal detention facility
Once the person enters federal custody, the Texas criminal bond no longer controls their release. Families then must look at immigration bond options.
Why a Local Bondsman Cannot Clear an ICE Hold
A Texas bail bondsman can only write state criminal bonds, not federal immigration bonds. That means:
- 24/7 Bail Bonds can handle the Texas side
- Only ICE or an immigration judge can grant or deny immigration bond
Sometimes a family needs both a Texas criminal bond and a federal immigration bond. We help families understand which part applies and when.
Are People on an ICE Hold Eligible for Bail?
Criminal Bond in Texas with an ICE Hold
If someone has:
- A bond on the Texas criminal charge, and
- An ICE detainer,
a local bondsman may be able to post the criminal bond. But the person may:
- Go straight into ICE custody
- Not come home even after the bond is posted
In many cases, if removal is likely, bail companies may decline to post the criminal bond because the person may be deported and unable to return to court, which leads to bond forfeiture.
Who Qualifies for an Immigration Bond
Some individuals cannot receive an immigration bond, including those with:
- Certain aggravated felonies
- Certain drug offenses
- Serious criminal histories or national security concerns
Others may qualify if they show:
- Strong ties to the community
- A stable residence
- No major criminal history
- Low flight risk
The ICE Bond Fact Sheet published by U.S. Immigration and Customs Enforcement explains general rules, but immigration lawyers are often needed to understand an individual case.
How Immigration Bail Bonds Work
Two Types of Immigration Bonds
Federal law recognizes:
- Delivery bonds – allow release while the case is pending
- Voluntary departure bonds – allow release so the person can leave the country voluntarily
Families in Texas can:
- Pay the full bond directly to the Department of Homeland Security (DHS), or
- Use an immigration bond company, which charges a non-refundable fee (often 10–20%)
Typical Immigration Bond Amounts
Federal law lists $1,500 as a common minimum. In Texas, actual bonds often range:
- $1,500 to $10,000 for lower-risk cases
- $15,000 to $25,000 or more for higher-risk cases or repeat immigration issues
Bond amounts depend on:
- Criminal history
- Immigration history
- Community ties
- Judge’s assessment of risk
Because immigration bonds are federal, families often need separate strategies for both the state and immigration systems.
What Families Can Do in Houston
Right After the Arrest
If you learn someone has been arrested:
- Gather their full name, DOB, and booking number.
- Review 24/7’s guide What to Do After a Friend Has Been Arrested.
- Call a local bondsman to check whether bond is set and whether an ICE detainer is in place.
24/7 Bail Bonds can check the Harris County Jail system and explain whether:
- Bond is set
- A detainer exists
- Posting bond will help or not
If an ICE Hold Is Confirmed
If ICE placed a detainer:
- Contact an immigration attorney immediately
- Ask about requesting a bond hearing
- Gather documents proving stability and community ties, including
- Proof of address
- Employment letters
- Children’s school records
- Church or community support letters
If ICE transfers your loved one to a federal facility, use the Online Detainee Locator System on the ICE website to confirm location and obtain their A-Number.
Common Problems Families Face
“We Posted Bail But They Weren’t Released”
This is one of the hardest situations for families. It usually happens when:
- The Texas bond clears
- The jail honors the ICE hold
- ICE transfers the person to federal custody
This is why it is critical to confirm before posting criminal bail whether an immigration hold exists. 24/7 explains this in advance so families know what outcome to expect.
Confusion About “No Bond”
A family may hear “no bond” and assume it applies to everything. But:
- A Texas criminal judge may deny bond
- ICE may also deny immigration bond independently
24/7’s guide What Does No Bond Mean? helps explain the state-level reasons. Immigration attorneys help with the federal side.
How 24/7 Bail Bonds Supports Families During Immigration Holds
24/7 Bail Bonds is a Harris County bail bondsman, but we help families in immigration hold cases every day. We provide:
- Clear explanations of what the jail system shows
- Guidance on whether the case is Texas-only or also immigration-related
- Bail bond support for the state criminal case when release is possible
- Help understanding the next steps before you speak with an immigration attorney
Our mission is simple:
Get your loved one home safely and swiftly whenever the law allows, and make every step easier to understand.
If your family is facing an ICE hold, an immigration detainer, or a mix of state and federal custody, call 24/7 Bail Bonds anytime. We will walk you through what the jail is showing, explain your bail options, and help you plan your next steps with confidence instead of confusion.
