I paid bail and they did not release him: immigration bond vs. criminal bail

Paying bail at the county jail ends criminal custody, not immigration custody. The two systems side by side, and what a detainer actually is and is not.

I paid bail and they did not release him: immigration bond vs. criminal bail

Because these are two separate custodies. The money paid at the county jail answers the criminal charges and ends that custody; immigration detention is a separate proceeding, with a different authority, a different file, and a different pot of money. And federal law goes further than that: the moment of release is precisely the moment the government is directed to take certain people into custody — 8 U.S.C. §1226(c)(1) commands it “when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.” Being released on bail is not a gap in the system; it is the trigger the statute describes. Everything below is current as of August 11, 2026 and is general information, not legal advice.

Criminal bail and immigration bond share little beyond the word. This page puts them side by side. How an immigration bond is actually paid, who can be the obligor, and how the money comes back is covered separately in how immigration bonds work; none of that is repeated here.

The two systems, side by side

	Criminal bail	Immigration bond
Who sets it	The court with jurisdiction over the criminal charge	ICE or an immigration judge, under 8 U.S.C. §1226(a)
What law governs it	State law — none of the federal sources cited here defines it	Federal immigration law: 8 U.S.C. §1226 and its regulations
Minimum amount	No federal minimum; it depends on the state and the case	“Bond of at least $1,500” (8 U.S.C. §1226(a)(2)(A))
When it can be paid	Under that court’s and that jail’s rules	Only during posting hours: Monday to Friday, 9 a.m. to 3 p.m., in the time zone where the person is detained
What it buys	Release from criminal custody while the criminal case proceeds	Release from immigration custody while the immigration case proceeds — and expressly not a work permit
Revocation	Under that court’s rules	The government “at any time may revoke a bond or parole…, rearrest the alien under the original warrant, and detain the alien” (8 U.S.C. §1226(b))

(No federal source defines criminal bail, because it is state law. That is why this page publishes no amounts, bail schedules, or refund timelines for any state.)

Why release on bail is exactly when ICE acts

Mandatory detention under 8 U.S.C. §1226(c) is not written around “when the criminal case ends” or “if there is a conviction.” It is written around the release:

“The Attorney General shall take into custody any alien who— … when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.”

8 U.S.C. §1226(c)(1).

Since 2025 that list is broader, and the change is the one that surprises families most, because it requires no conviction:

“(E)(i) is inadmissible under paragraph (6)(A), (6)(C), or (7) of section 1182(a) of this title; and (ii) is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person.”

8 U.S.C. §1226(c)(1)(E), a subparagraph added by Public Law 119-1, enacted January 29, 2025 (139 Stat. 3, 4), according to the Code’s own amendment notes.

And for those people the statute leaves no discretion about the detainer:

“(3) Detainer The Secretary of Homeland Security shall issue a detainer for an alien described in paragraph (1)(E) and, if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien.”

8 U.S.C. §1226(c)(3). That is the whole mechanism: the statute classifies the person, orders the detainer, and fixes the moment of release as the moment of transfer.

What a detainer is — and is not

Here it is worth quoting ICE in its own words, because they contradict several widespread beliefs.

It compels no one.

“Immigration detainers are only requests. They don’t impose any obligations on law enforcement agencies.”

It should not affect the criminal bail decision.

“ICE only intends its detainers to notify law enforcement agencies that it plans to assume custody, request information about an alien’s impending release, and ask the agency to hold the alien for up to 48 hours. Detainers should not impact decisions about an individual’s bail, rehabilitation, parole, release, diversion, custody classification, work, quarter assignments or other matters.”

It has no effect unless it is served on the person.

“Yes. A detainer takes effect only when it is served upon the subject. ICE’s request that the law enforcement agency maintain custody of the alien is contingent on service. If the law enforcement agency does not serve the detainer on the individual, it may not rely upon the detainer to maintain custody of the individual.”

The form says the same thing: “The alien must be served with a copy of this form for the detainer to take effect.” (DHS Form I-247A (3/17), page 1.)

And when the clock runs out, the jail must let the person go.

“If ICE does not assume custody after 48 hours, the law enforcement agency is required to release the individual. The law enforcement agency may not lawfully hold an individual beyond the 48-hour period.”

(All of the above: ICE, Immigration Detainers.)

Who may issue one is also limited: only ICE immigration officers and state or local officers designated under section 287(g) of the INA, and those designated officers “must first obtain ICE approval before issuing detainers.” What a 287(g) agreement is and which agencies have one is covered in 287(g) and ICE detainers. ICE adds that its policy “requires a finding of probable cause to believe a subject is a removable alien before an official may issue a detainer.”

What the form itself tells the detained person

Form I-247A carries its own notice to the person being held. The English text is short and worth reading in full, because it is the government speaking directly to the reader of this page:

“Maintain custody of the alien for a period NOT TO EXCEED 48 HOURS beyond the time when he/she would otherwise have been released from your custody to allow DHS to assume custody. The alien must be served with a copy of this form for the detainer to take effect. This detainer arises from DHS authorities and should not impact decisions about the alien’s bail, rehabilitation, parole, release, diversion, custody classification, work, quarter assignments, or other matters.”

And the request that runs the other way, from ICE to the jail: “Notify DHS as early as practicable (at least 48 hours, if possible) before the alien is released from your custody.” (DHS Form I-247A (3/17), page 1.)

The 48 hours: two official sources that do not agree

This is the point where the government contradicts itself, and the difference lands squarely on families waiting through a weekend.

The regulation excludes weekends and holidays. 8 C.F.R. §287.7(d): “Upon a determination by the Department to issue a detainer for an alien not otherwise detained by a criminal justice agency, such agency shall maintain custody of the alien for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays in order to permit assumption of custody by the Department.”
Form I-247A and ICE’s public FAQ state a flat 48 hours, with no carve-out. The form instructs the agency to “Maintain custody of the alien for a period NOT TO EXCEED 48 HOURS beyond the time when he/she would otherwise have been released from your custody.”

The practical consequence of that difference is concrete: under the regulation’s text, a hold that begins on a Friday can run well past 48 clock hours, while the form and ICE’s FAQ describe a continuous 48-hour period. This page cites both versions because no official source reconciles them.

A related detail, of the kind that shows when a page was written from the sources: 8 C.F.R. §287.7(a) still refers to “Form I-247”, while ICE’s operational form is the I-247A (3/17). The regulation has not been updated to the current form name.

Three practical differences almost nobody publishes

Bond is not a work permit. This is the difference that costs people the most, and the statute states it in the same breath as the release itself. Under 8 U.S.C. §1226(a), the Attorney General may release a person on bond or conditional parole “but (3) may not provide the alien with work authorization (including an ’employment authorized’ endorsement or other appropriate work permit), unless the alien is lawfully admitted for permanent residence or otherwise would (without regard to removal proceedings) be provided such authorization.” Release from immigration custody and permission to work are two separate questions in the statute, and paying a bond answers only the first.

The hours. Criminal bail is posted under that court’s and that jail’s rules. An immigration bond is not:

“Bond posting hours are Monday through Friday from 9 a.m. - 3 p.m. (excluding government holidays). Bond posting hours are applied in the time zone where the alien is detained.”
“The bond verification process, including the review of the bond contract and payment, will typically take approximately 1-2 hours… Requests received after bond posting office hours or not completed during bond posting hours will be processed the next business day.”
“Aliens will typically be released by the end of the day after the bond is approved and the Form I-352 bond contract is signed.”

ICE, Post a Bond.

Who may pay it. ICE describes the users of its electronic bond system as U.S. citizens, lawful permanent residents, law firms, and non-profit organizations, and adds that “Aliens can also post a Voluntary Departure bond or Order of Supervision bond on their own behalf” — that is, not a delivery bond, which is the one normally at issue when someone is detained. The payment steps are not repeated here; they are in how immigration bonds work.

If something about the detainer looks wrong

ICE publishes two categorical routes, named here without suggesting which fits any particular situation:

If the subject of a detainer “believes that a detainer was issued in error or contrary to ICE policy,” ICE says to call the ICE Law Enforcement Support Center at (855) 448-6903 or (802) 872-1310. The form gives the same number for someone who believes they are a U.S. citizen or the victim of a crime.
For a complaint “regarding the detainer or violations of civil rights or civil liberties connected to DHS activities,” ICE says to contact the ICE Joint Intake Center at 877-2INTAKE, that is (877) 246-8253.

How immigration custody works from there is in what happens in detention, the first-hours steps are in if a family member is detained by ICE, and facilities with their phone numbers are in the ICE detention directory. If an immigration judge has already denied bond, what follows is in what happens if an immigration judge denies bond.

What the sources do NOT say

No federal source defines criminal bail, because it is state law. ICE, the Code of Federal Regulations, and the immigration statute describe only the immigration side. That is why this page publishes no amounts, bail schedules, or refund timelines for any state.
ICE never says a detainer permits a jail to deny bail. It says the opposite — that its detainers “should not impact” that decision. What the sources do support is that release is the moment ICE seeks to assume custody.
The sources do not say what happens to criminal bail money when the person is handed to ICE. Nothing in the fetched material addresses it. This page does not infer an answer.
No source publishes what share of detainers are actually honored, or how often ICE fails to collect within the period.
No official source reconciles the two versions of the 48-hour rule.

Last verified: 2026-08-11. General information, not legal advice. A criminal case and an immigration case run in parallel and a decision in one can change the other — consult a licensed immigration attorney or a DOJ-accredited representative, and coordinate with the criminal defense attorney.

Frequently asked questions

I paid bail at the county jail. Why was he not released?

Because these are two separate custodies, with two decision-makers and two pots of money. The money paid at the jail answers the criminal charges; immigration detention is a separate proceeding that payment does not resolve. Federal law goes further still: 8 U.S.C. §1226(c)(1) directs the government to take certain people into custody when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense. The release itself is the moment ICE seeks to assume custody.

Does a detainer require the jail to hold my family member?

No, and ICE says so itself. On its own detainers page ICE writes that immigration detainers are only requests and that they do not impose any obligations on law enforcement agencies. A detainer also takes effect only when it is served on the person: ICE says a detainer takes effect only when it is served upon the subject, and that if the law enforcement agency does not serve it, the agency may not rely upon the detainer to maintain custody. Form I-247A repeats the same point: the alien must be served with a copy of the form for the detainer to take effect.

How long can they hold someone on a detainer?

Official sources do not agree, and both are worth knowing. The regulation, 8 C.F.R. §287.7(d), says the agency shall maintain custody for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays. Form I-247A and ICE’s public FAQ state a flat 48 hours with no such carve-out. The practical consequence is real: under the regulation’s text a hold that starts on a Friday can run well past 48 clock hours. ICE adds that if it does not assume custody within the period, the law enforcement agency is required to release the individual and may not lawfully hold the person beyond the 48-hour period.

Can an immigration bond be posted at any hour, like county bail?

No. ICE publishes fixed hours: bond posting hours are Monday through Friday from 9 a.m. to 3 p.m., excluding government holidays, and those hours are applied in the time zone where the person is detained. Anything received after posting hours, or not completed during them, is processed the next business day. ICE adds that verification typically takes about one to two hours and that people are typically released by the end of the day after the bond is approved and the bond contract is signed.

If someone is released on an immigration bond, can they work?

An immigration bond buys release while the case proceeds, not a work permit. The statute is explicit: on releasing a person on bond or conditional parole, the government may not provide the alien with work authorization, including an employment authorized endorsement or other appropriate work permit, unless the person is lawfully admitted for permanent residence or would otherwise be entitled to that authorization without regard to the removal proceedings (8 U.S.C. §1226(a)(3)).

Are there cases where no immigration bond is available?

Yes. Mandatory detention under INA §236(c) / 8 U.S.C. §1226(c) reaches certain criminal and terrorism-related grounds. Since January 29, 2025, under Public Law 119-1, the list includes someone who is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of burglary, theft, larceny, shoplifting, or assault of a law enforcement officer, among others — the charge or the arrest is enough, with no conviction. For those people the statute directs DHS to issue a detainer. Separately, who may ask a judge for bond at all is currently contested between the Board of Immigration Appeals and several federal courts of appeals.

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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.