What Is the Mandatory Detention Statute for Immigrants?

Immigration detention is a complex and stressful process, especially since federal law requires the government to hold certain individuals without the possibility of release. The mandatory detention statute is a federal immigration law that directs immigration authorities to detain specific noncitizens during removal (deportation) proceedings without the option to be released on bond while the case is pending. If a person falls under the categories the statute identifies, the government keeps them in custody until their immigration case ends. This policy applies regardless of personal circumstances, ties to the community, or perceived threat level. At the Law Office of Rosina C. Stambaugh, we understand how urgent and overwhelming immigration detention situations can be. Based in York, Pennsylvania, our firm focuses exclusively on immigration law and protects the rights of immigrants and their families. Attorney Rosina C. Stambaugh provides aggressive, informed, and compassionate legal advocacy for noncitizens in the U.S.

How Does Immigrant Detention Work?

When immigration authorities conclude a noncitizen has violated U.S. immigration law, they may initiate removal (deportation) proceedings. As part of that process, U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) can detain the noncitizen. That generally means placing them in a secure facility run by ICE or a local jail under an ICE contract. The noncitizen may remain in detention while ICE determines whether to remove or release them.

Requesting Release on Bond

Many individuals in immigration proceedings can request release on bond to remain in their community while their case moves through the immigration court system. When determining whether to offer release on bond, immigration judges typically consider:

• The person’s criminal history and any past immigration violations;
• The strength of community, family, and employment ties in the U.S.;
• The likelihood that the person will appear at all court hearings;
• The seriousness of the immigration charges or underlying criminal offenses;
• The person’s history of compliance with past court orders; and
• Evidence of rehabilitation.

If the judge agrees to grant bond, they set a specific monetary amount. The detained person provides that amount to the government as a promise to attend all scheduled hearings and comply with court orders. If they meet their obligations, the government returns the bond money at the end of the case.

Release Through Parole

Parole in immigration detention is different from criminal parole. It allows ICE to release someone for urgent humanitarian reasons or when their release provides a significant public benefit. A detained person can request parole in situations such as:

• Serious medical conditions requiring treatment unavailable in detention,
• Pregnancy or nursing a newborn,
• The need to care for minor children or other dependents,
• Victim or critical witness participation in an active investigation, or
• Clear evidence that continued detention would be unduly harsh or unnecessary.

You typically request parole directly from ICE rather than asking a judge. Even when humanitarian or public interest factors exist, ICE may deny parole if it believes the person poses a flight risk or public safety concern.

What Is Mandatory Detention?

Federal law requires the government to detain noncitizens who fall into specific categories and not offer release. This detention continues while the person’s removal proceedings take place. That means the noncitizen is held in a detention facility and cannot return home.

How Does the Mandatory Detention Statute Work?

The mandatory immigrant detention statute is part of the Immigration and Nationality Act (INA). It requires ICE to detain categories of noncitizens who are in removal proceedings and either have convictions for, or ICE believes they committed, criminal offenses.

Who Is Subject to Mandatory Detention?

A noncitizen becomes subject to mandatory detention if they are convicted of certain criminal offenses, including:

• Crimes involving moral turpitude—offenses that show bad moral character, such as fraud, theft, or certain violent crimes, committed within five years after entering the U.S.;
• Multiple criminal convictions—two or more separate offenses with combined sentences adding up to five years or more, regardless of whether the convictions are related;
• Aggravated felonies—immigration-specific offenses that can include theft, burglary, drug trafficking, certain violent crimes, and even some misdemeanors under state law;
• Firearms offenses—crimes involving the illegal possession, purchase, sale, or use of a firearm;
• Controlled substance violations—drug-related crimes, such as possession with intent to distribute, trafficking, or manufacturing illegal substances;
• Prostitution—engaging in, promoting, or profiting from prostitution-related activities;
• Trafficking violations—human trafficking or smuggling offenses, whether for financial gain or other purposes; and
• Terrorism-related activities or associations—planning or assisting terrorist acts, providing material support to terrorist organizations, or being a member of certain prohibited groups.

Being convicted generally means pleading guilty or receiving a guilty verdict after a trial. Yet, admitting to committing one of these offenses, even if you have not been convicted, may also justify mandatory detention. In some cases, ICE makes this decision using arrest records, charges, or other evidence, even without a final conviction. The mandatory detention statute applies regardless of the noncitizen’s immigration status and excludes U.S. citizens.

Can You Be Released from Mandatory Detention?

In most cases, individuals subject to mandatory detention cannot secure release. Sometimes, you can request a Joseph hearing to convince the judge that the mandatory detention statute should not apply to you. Rarely, ICE may grant requests for humanitarian parole, such as when the detainee has severe medical needs.

Why Is Mandatory Detention Necessary?

The federal government justifies its mandatory detention policy as a measure that:

• Keeps individuals with serious criminal histories in custody,
• Protects community safety,
• Prevents flight risk, and
• Guarantees the individual will attend future hearings.

Yet, mandatory detention can separate families and limit legal defenses.

Protecting Your Rights

Facing mandatory immigrant detention is frightening, but we can help. The Law Office of Rosina C. Stambaugh fights for immigrants’ rights in detention and deportation cases. We challenge the government’s classification, present evidence, and pursue every available legal pathway to release. If you or a loved one has been detained, contact us immediately. We will listen to you explain your situation, explain your options in plain language, and stand by you.

Rosina Stambaugh

Rosina C. Stambaugh, founder of The Law Office of Rosina C. Stambaugh in York, brings a wealth of expertise to immigration law. With a focus on removal defense, Ms. Stambaugh has successfully litigated cases across various Immigration Courts, the Board of Immigration Appeals, and the Third Circuit Court of Appeals, offering comprehensive support to clients facing diverse immigration challenges. She also represents individuals and families applying for affirmative benefits with U.S. Citizenship & Immigration Services.