ICE Detainers in Arizona: What to Do When a Loved One Is Held by Immigration After an Arrest
On Behalf of Coughlon Law Firm, PLLC. | Oct 27, 2025 | Immigration
An immigration detainer is a request by U.S. Immigration and Customs Enforcement (ICE) to local law enforcement to hold someone for up to 48 hours after their scheduled release so that ICE can take them into federal custody. Detainers take place when ICE has probable cause to suspect that someone is removable, and they typically target individuals with convictions. Detainers are voluntary for law enforcement agencies to follow through, and many sheriffs refuse to comply with them.
Legal Rights
Because a detainer is only a request, law enforcement agencies cannot legally hold someone for more than 48 hours without a court order. According to the Immigrant Legal Resource Center (ILRC), detainers under 8 C.F.R. § 287.7 are voluntary. In addition, the 48-hour hold does not exclude weekends or holidays.
Detainees retain constitutional rights: They can remain silent, refuse to answer questions about immigration status, and request an attorney. They should avoid opening the door for ICE unless the agents provide a judicial warrant, one that’s signed by a judge, not just immigration authorities.
Locating a Loved One
Families can use ICE’s Online Detainee Locator System. The National Immigration Law Center advises searching by Alien Registration Number (A‑number) or name; results may not appear for a day or more.
If the locator is unsuccessful, call the local ICE field office and ask for the officer handling the case. Detainees also have the right to contact their consulate. Advocates recommend providing only necessary information to ICE and avoiding conversations about immigration status or criminal history.
Next Steps
If ICE files a detainer, contact an immigration attorney immediately. Attorneys can file bond motions, request prosecutorial discretion, or challenge probable cause. According to Nolo, detainees are entitled to one free local phone call and should not sign any documents without legal advice. Loved ones should also gather identification documents and prepare a safety plan in case of detention.
Facing an ICE detainer can be frightening, but prompt action can make a difference. At Coughlon Law Firm, PLLC, our immigration team has extensive experience challenging detainers and securing release. If your loved one has been detained in Arizona, call us today at 602-636-0800 to discuss your options.
