To get a detainer lifted, first identify the agency that issued it and the legal reason for the hold. An ICE immigration detainer, an out-of-jurisdiction criminal warrant, and a probation-violation hold follow different procedures. Paying bail in the local criminal case may resolve that case’s release conditions while leaving a separate hold in place. An immigration detainer is a request connected to ICE taking custody, not a criminal conviction. [1]
Rules that determine the answer
ICE policy provides for canceling an immigration detainer when the agency determines it will not assume custody, and for cancellation when it cannot assume custody within the policy’s permitted period. A mistaken identity, citizenship evidence, or incorrect case information should be brought promptly to the issuing immigration office through counsel or the appropriate correction channel. By contrast, lifting a criminal or probation hold generally requires action in the issuing case, such as recall of the warrant or a judicial release decision. [2]
The regulation describes an ICE temporary-custody period of up to 48 hours, excluding Saturdays, Sundays, and holidays, after the person is otherwise eligible for release; agency policy and applicable law also matter. That is not a universal clock for all detainers. [1] Likewise, the Interstate Agreement on Detainers concerns particular untried criminal charges against sentenced prisoners, not ordinary probation-violation holds. [3] A person still held beyond an applicable limit needs prompt review of the actual custody authority.
What to do next
- Ask the jail for the hold’s issuer, identifying number, document type, issuing court if any, and the time the person otherwise became eligible for release.
- Obtain current docket entries and release orders in each case; distinguish a dismissed charge from a still-active warrant or supervision allegation.
- Have criminal counsel contact the issuing court or supervision authority, and immigration counsel examine an ICE hold where applicable.
- Request written confirmation of any withdrawal or court order, and verify that the jail received it and has no additional holds.
Practical example
A person posts bond on a county charge, but another county has an active failure-to-appear warrant. Getting the bond receipt to the jail does not cancel that warrant. Counsel must address the issuing court. If the remaining hold instead is an ICE detainer, an order changing state bail does not itself order ICE to cancel its request.
For related situations, see ICE immigration detainers and federal detainer time limits.
Primary sources
- 8 CFR 287.7: immigration detainer provisions
- ICE Directive 10074.2: issuance and cancellation of immigration detainers
- DOJ: Interstate Agreement on Detainers and exclusions
Sources checked: October 31, 2026.