Article · Immigration

Held Without a Sentence: How Immigration Detention and Bond Actually Work

8 U.S.C. § 1225

Type
Article
Jurisdiction
National
Date
2026-01-26
Topic
Immigration

Immigration detention is civil, not criminal, and almost every consequence of that distinction cuts against the person detained. This article explains what that means in practice: no right to appointed counsel, no bail as most people understand it, and a detention decision made by an agency before any judge sees the case. It walks through how someone actually gets detained, how to find them, and what determines whether they can be released. It explains the difference between discretionary bond and mandatory detention, why the mandatory category is far broader than most families expect, and what a bond hearing actually involves. Later parts cover detention after a removal order and the six-month rule that limits it, expedited removal, alternatives to detention, and the conditions litigation that runs alongside individual cases. A worked example follows one detained person from arrest through release, and the article closes with what a family should do in the first forty-eight hours.

Held Without a Sentence: How Immigration Detention and Bond Actually Work

Immigration > Detention, Bond, and Custody | Published 26 January 2026 - Updated 25 July 2026 | UpLaw - uplaw.us


A phone call at six in the morning

A woman calls her sister and says: they took Marco. He left for work at five-thirty and there were two cars at the corner. Somebody said they were immigration.

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