Can ICE Detain You Forever? Understanding Indefinite Detention and Your Rights

 


Thousands of noncitizens in the United States receive final removal orders yearly. These are legal decisions by immigration judges declaring that an individual must leave the country. Once such an order is issued, the U.S. government, through Immigration and Customs Enforcement (ICE), begins the process of removing that individual. Deportations rely on the cooperation of foreign governments, which must verify a person's citizenship, issue travel documents, and sometimes grant visas.

But what happens when that cooperation never comes?

When deportation becomes impossible or significantly delayed, ICE often continues to detain these individuals. This situation is known as indefinite detention.

At Immigration Question, we often hear from individuals unsure of what to do in these circumstances. This blog contains advice about indefinite detention, what to do, and your rights under U.S. immigration law.

Indefinite detention occurs when someone with a final removal order remains in immigration detention for months or years because the U.S. government cannot deport them. Deportation may be delayed or blocked for several reasons, such as:

  • The person is stateless and no country will accept them.

  • Their country refuses to issue travel documents.

  • The U.S. has no repatriation agreement with the country.

  • The country has paused or blocked deportation flights.

People facing indefinite detention often have limited access to legal resources, and many are unaware that U.S. immigration law and the Constitution places limits on how long ICE can hold someone after a final removal order. Even when the government has the legal authority to deport someone, it cannot hold them forever if removal isn't possible in the foreseeable future.

The U.S. Constitution protects citizens and noncitizens from being held without legal justification. In Zadvydas v. Davis (2001), the Supreme Court ruled that ICE cannot detain someone indefinitely if deportation isn't reasonably foreseeable.

Under this ruling, the following was established:

  • ICE must release a person if they cannot be deported within six months of receiving a final removal order.

  • ICE must show that removal is likely in the reasonably foreseeable future to keep someone longer in detention.

ICE's Post-Order Custody Review (POCR)

Federal regulations require ICE to conduct a Post-Order Custody Review (POCR):

  • After 90 days, ICE begins evaluating whether removal is likely.

  • After 180 days, if ICE cannot prove deportation is foreseeable, the individual must be released, usually under an Order of Supervision (OSUP).

An OSUP allows a person to live outside detention under certain conditions, such as:

  • Wearing an ankle monitor

  • Regular check-ins with ICE

  • Travel restrictions

Unfortunately, agencies like the American Immigration Council and the American Immigration Lawyers Association have documented hundreds of cases where ICE ignores these legal limits, keeping people detained far beyond what the law allows.

Contact the Executive Office for Immigration Review (EOIR) to find out the status of your immigration case. You'll need your A-number and must follow the EOIR's phone instructions carefully.

Knowing the date of your final order is essential to tracking when your custody review is due.

If you are approaching the 180-day mark and are still detained, you should start preparing for your custody review. The Immigration Question legal assistance can help you build a strong support packet, which includes:

  • A letter requesting release, explaining why deportation isn't reasonably foreseeable

  • Evidence that you are not a danger to public safety (e.g., character letters, clean record)

  • Proof that you are not a flight risk (e.g., housing documents, family ties, job offers)

  • Supporting documents from family, employers, and community members

Provide enough documentation, as it plays a significant role in ICE's decision to release you.

If you have been detained six months or longer after your final removal order, you may be eligible to file a petition for a writ of habeas corpus. This petition asks a federal court to release you from detention.

It's important to understand that:

  • A habeas petition does not challenge your deportation order.

  • It only asks the court to release you until ICE can deport you.

Yes. ICE can continue to detain someone even if deportation isn't reasonably foreseeable. They can do so only in "special circumstances," such as:

  • Having a highly contagious disease

  • Posing a national security threat

  • Being considered "specially dangerous" due to past violent crimes or mental health concerns that suggest future violence

ICE must still follow strict legal procedures to justify continued detention in such cases.

If you or a loved one is experiencing indefinite detention, you can enforce your rights, even after a final removal order. Consult an immigration attorney to choose legal pathways to fight the prolonged detention.

At Immigration Question, we connect you with licensed Immigration Lawyers who offer professional legal assistance.

Visit ImmigrationQuestion.com today to speak with a legal professional and know your options.

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Get ready for faster answers, smarter tools, and more legal support—right at your fingertips. Stay tuned to ImmigrationQuestion.com.

1. What does "indefinite detention" mean in immigration law?

Indefinite detention is the prolonged detention of a noncitizen by ICE after issuing a final removal order. It occurs when deportation cannot happen due to circumstances beyond the person's control. U.S. law and the Constitution limit how long ICE can hold a person under these conditions.

2. How long can ICE legally detain someone after a final removal order?

According to the U.S. Supreme Court case Zadvydas v. Davis (2001), ICE cannot detain someone more than six months after their final removal order unless the government can show that deportation is reasonably foreseeable. After six months, if removal is unlikely, the individual must be released.

3. What should I do if my country refuses to issue travel documents?

If your country of origin refuses to issue travel documents or does not recognize you as a citizen, deportation may not be reasonably foreseeable. The refusal is a strong basis for release from detention. You should begin gathering documents and letters to support your case for release. Immigration Question legal assistance can help you prepare a compelling custody review packet.

4. Can I be detained forever if I have no country to return to?

No. Under U.S. law, ICE cannot detain you forever because you have no country to return to. The Supreme Court has ruled that detention must end if deportation is not likely in the foreseeable future. You can be released under supervision with certain conditions.

5. How can I check if I have a final removal order?

You can check the status of your case by calling the Executive Office for Immigration Review (EOIR). Have your A-number ready and follow the call prompts to receive your case update. Knowing your removal date helps you track important deadlines for custody reviews or petitions.

6. Where can I find legal help for indefinite detention?

You can visit ImmigrationQuestion.com to get matched with a licensed Immigration Lawyer. Our platform is designed to make legal support readily accessible—because no one should go through indefinite detention without help.

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