How long can ICE detain someone before a bond hearing?

As of October 28, 2026, no law sets a maximum number of days before a bond hearing. It depends on the legal basis: under INA § 236(a), the person can ask a judge for bond at any time; in mandatory detention (§ 236(c) or § 235(b)), they can be held for the whole case. The Supreme Court is reviewing this.

Notice: this page explains the law in general terms, using official sources, and is not legal advice. Every case is different: talk to a licensed immigration attorney before you make decisions.

What does the law say about how long detention can last?

The immigration statute does not set a number of days for detention while a case is open. It separates three situations, each with different rules:

1. Detention with the possibility of bond (INA § 236(a)). The government may detain the person while it decides whether they will be removed, or release them on a bond of at least $1,500 or on conditional parole (8 U.S.C. § 1226(a)).
2. Mandatory detention (INA § 236(c) and § 235(b)). For certain people, the statute says the government "shall" detain them. Under § 235(b)(2)(A), the person "shall be detained" for a removal proceeding (8 U.S.C. § 1225). See who is not eligible for immigration bond.
3. Detention after a final order (INA § 241). The government has a 90-day "removal period," during which detention is mandatory (8 U.S.C. § 1231(a)).

That is why "how long?" has no single answer. The first step is to find out which provision the person is being held under. That usually appears in the papers ICE hands over and in the custody decision; a lawyer can review them.

When can you ask for a bond hearing?

If the person is not in mandatory detention, the regulation lets them ask an immigration judge to review ICE's custody decision at any time before a removal order becomes final (8 C.F.R. § 1236.1(d)(1)). There is no minimum waiting period.

According to EOIR's Immigration Court Practice Manual (ch. 8.3):

• The request is ordinarily made in writing, and it can also be made orally. There is no filing fee.
• A judge can hold a bond hearing even before the Notice to Appear has been filed with the court.
• The request goes to the court with jurisdiction over the detention facility (8 C.F.R. § 1003.19(c)).
• The court schedules the hearing "for the earliest possible date" and notifies the person and DHS.

The manual does not set a number of days. Actual dates vary by court; we do not publish a "typical" timeframe because no official source sets one. For the practical steps, see our immigration bond guide.

How long does mandatory detention last?

In mandatory detention, the immigration judge cannot review custody (8 C.F.R. § 1003.19(h)(2)(i)). The person can remain detained for the length of their case in immigration court, which can take months.

On October 23, 2026, the full (en banc) Fifth Circuit Court of Appeals held that three people detained under § 235(b)(2)(A) were not entitled to individual hearings on dangerousness or flight risk, and that the length of their detention raised no constitutional issue. Quoting the Supreme Court in Jennings v. Rodriguez (2018), it noted that detention under § 235(b) ends when the proceedings end.

That ruling overruled the 90-day hearing rule a Fifth Circuit panel had adopted on July 2, 2026 (panel opinion). News articles describing that 90-day rule no longer reflect the current law in the Fifth Circuit (Texas, Louisiana and Mississippi, under 28 U.S.C. § 41).

Outside the Fifth Circuit, whether prolonged detention without a hearing violates the Constitution is still being litigated. We do not answer that question here: it depends on the circuit and on the facts.

Why have so many people been held without bond since 2025?

In July 2025, as the Ninth Circuit describes it, the government issued guidance treating people in the interior who were never admitted as subject to mandatory detention under § 235(b)(2)(A). Before that, they had been treated under § 236(a), which allows bond.

On September 5, 2025, the Board of Immigration Appeals (BIA) held in Matter of Yajure Hurtado that immigration judges lack authority to grant bond to people present in the U.S. without admission. According to the Ninth Circuit, the change led thousands of detained people to file habeas corpus petitions in federal court.

What have the courts decided, and what is still open?

As of October 28, 2026:

• For the government: the Fifth Circuit (Buenrostro-Mendez v. Bondi, Feb. 6, 2026, and the en banc court on Oct. 23, 2026) and the Eighth Circuit (Avila v. Bondi, March 25, 2026).
• For detained people: on July 30, 2026, the Ninth Circuit held that people in the interior who were never admitted are not subject to § 235(b)(2)(A). That opinion notes that, at the time, the Second, Sixth, Tenth and Eleventh Circuits had also sided with detained petitioners, and the Seventh Circuit had issued a decision without a majority.
• Supreme Court: on October 1, 2026, it agreed to review Rhoney v. Barbosa da Cunha (docket 26-104). The question presented is whether § 235(b)(2)(A) mandates detention during removal proceedings for people present in the U.S. without having been admitted.

Other circuits may have ruled after the Ninth Circuit's opinion; we have not verified that on official court sites. Until the Supreme Court rules, the answer can depend on the state where the person is held. This point is being litigated: we cannot tell you how it will come out.

What about after a final removal order?

Once the order is final, the statute gives the government 90 days to carry out removal, and detention is mandatory during that period (8 U.S.C. § 1231(a)(1)-(2)). The statute allows detention beyond that period in some cases (§ 1231(a)(6)).

In 2022, the Supreme Court held in Johnson v. Arteaga-Martinez that § 1231(a)(6) does not require the government to provide, after six months, a bond hearing in which the government must prove risk by clear and convincing evidence.

If removal is not reasonably foreseeable, the person can ask DHS to review it. Under EOIR's manual (ch. 8.4), if DHS wants to continue detention because it considers the person especially dangerous, the case goes to an immigration judge, with a hearing that begins no later than 10 business days after referral to the court.

What can the family do in the meantime?

• Locate the person and write down their A-Number: see how to find someone detained by ICE.
• Ask ICE whether it set a bond, and which provision it says the person is held under.
• If bond is possible, gather evidence of ties for the hearing and see how much an immigration bond costs.
• If ICE says it is mandatory detention, talk to a lawyer quickly: in some circuits, detained people have obtained hearings through habeas corpus in federal court.
• If the arrest just happened, see what happens after an ICE arrest.

More on detention and bond:

• How to request an immigration bond
• How much an immigration bond costs
• Who is not eligible for bond (mandatory detention)
• What happens after an ICE arrest

Frequently asked questions

How many days can ICE hold someone without a bond hearing?

No statute or regulation sets a number of days, as of October 28, 2026. If the person can seek bond under INA § 236(a), they ask the judge, and EOIR's manual says the court schedules the hearing "for the earliest possible date." If they are in mandatory detention, they can be held for the length of the case.

Is there a right to a bond hearing after 90 days?

Not as a general rule. In July 2026 a Fifth Circuit panel adopted a 90-day rule, but the full Fifth Circuit overruled it on October 23, 2026. The 90 days that do appear in the statute are something else: the removal period after a final order.

Can ICE detain someone for their entire case?

Yes, if they are in mandatory detention. The statute says those people shall be detained during their court proceedings. Someone held under INA § 236(a), by contrast, can be released on a bond of at least $1,500 or on conditional parole.

Who makes the first bond decision?

ICE. DHS makes the initial custody decision and can set a bond or deny one. If the person is not in mandatory detention, they can then ask an immigration judge to review it, in writing or orally, with no filing fee.

What will the Supreme Court decide in Rhoney v. Barbosa da Cunha?

Whether the statute requires detention, for the length of removal proceedings, of people present in the U.S. without having been admitted. The Court granted review on October 1, 2026. As of October 28, 2026, the docket shows no decision date.

How long can detention last after a removal order?

The statute gives the government 90 days to carry out removal, and detention is mandatory during that period. It can be extended in some cases. If removal is not reasonably foreseeable, there is a review process before DHS and, in some cases, before an immigration judge.