An ICE hold is "not to exceed 48 hours"

You know how we’re innocent until proven guilty? Well, there’s also a federal law says that from the time a non-citizen’s bond is paid a jail can keep holding him (to wait for Immigration to come get him) for only 48 hours. 8 C.F.R. 287.7(d).

On Friday afternoon, 02/20/15, I called the local county jail.

“I need to send a fax to whomever is in charge,” I explained to the jailer. “It’s been more than 48 hours, so it’s illegal for the county to keep holding my client. Where should I send my fax?”

“You’re a lawyer,” the jailer said, derisively. “You should know where you can put your fax.” 

Then he hung up on me.

Whaaaa? Did he seriously just tell me to put my fax where the sun don’t shine?!

I then wrote and faxed an S.L.L. (Scary Lawyer Letter) to the chief of the jail. This was at 3:40pm. Government employees don’t answer their phones after 4pm, especially on a Friday. I didn’t expect anything to happen. 

So I was surprised when, that evening at 8:30pm, my client called me to thank me. They let him out of jail. He was already back home with his family. My SLL worked!