What an ICE hold is, whether a California jail can keep you, and the Gonzalez settlement

This page covers ICE holds in California county jails and the Gonzalez settlement. It is general information, not legal advice. For release from state prison, see Will ICE pick me up when I leave a California jail or prison?

We know this is frightening. You have more protection in a California jail than you may think. Start with the facts below.

What is an ICE hold?

An ICE hold, also called a detainer, is a request that ICE sends to a jail. It can ask the jail to do one of three things:

• Hold you past your release time so ICE can come get you (a "hold request")
• Tell ICE the date and time you will be released (a "notification request")
• Hand you over to ICE (a "transfer request")

It is a request from an ICE officer. It is not an order from a judge. Under California law, a jail is never required to answer an ICE notification or transfer request, and it may say no for any reason.

Can a California county jail keep me longer so ICE can pick me up?

No. The California Values Act says local law enforcement may not detain anyone because of an ICE hold request. It also may not keep you past the time you would otherwise be released.

This applies to county sheriffs, county jails and city police. It does not apply in the same way to state prisons run by CDCR. If you are in a state prison, see Will ICE pick me up when I leave?

If you were kept past your release time because of ICE, tell your lawyer. That may break state law.

Can the jail still tell ICE when I get out, or hand me over?

Usually no, but there are exceptions. Know them before you decide anything about your criminal case.

The jail may tell ICE your release date only if that information is already public, or if you fall into one of the groups below. It may hand you to ICE only if a federal judge signed a criminal warrant, or if you fall into one of these groups:

• You were convicted at any time of a serious or violent felony, or a felony that can be punished in state prison
• You were convicted of certain listed felonies in the last 15 years, or certain listed "wobblers" (crimes that can be a felony or misdemeanor) in the last 5 years
• You must currently register as a sex or arson offender in California
• You were convicted of certain federal aggravated felonies
• ICE says you have an outstanding federal felony arrest warrant

For release date information only, the jail may also share it if a judge has found probable cause on a new serious or violent felony charge, or a felony that can be punished in state prison.

What does not count:

• A plain misdemeanor
• A conviction that was reduced to a misdemeanor under Proposition 47

Even when an exception fits, the jail may still choose not to help ICE. The rules are detailed, so ask your lawyer which group, if any, you fall into. Your plea can change the answer. See Before you take a plea deal.

What must the jail tell me?

The TRUTH Act gives you the right to know. The jail must:

• Give you a copy of any ICE hold, notification or transfer request it receives about you
• Tell you whether it plans to comply with that request
• Tell you in writing if it gives ICE your release date, and tell your lawyer or one other person you choose
• Give you a written consent form before any ICE interview. The form explains why ICE wants to talk to you, that the interview is voluntary, and that you can say no or ask to have your lawyer there. Jails must offer the form in English, Spanish, Chinese, Tagalog, Vietnamese and Korean.

You do not have to talk to ICE in jail. You can say no on that form.

What is the Gonzalez settlement?

Gonzalez v. ICE is a class action case in the federal court in Los Angeles (Central District of California, case CV 13-04416). It ended in a settlement that limits how ICE issues some detainers. The settlement lasts five years from its effective date, which it sets at 90 days after the court's final approval. The lawyers for the class say the court approved it in December 2024, and the Immigrant Legal Resource Center says it took effect March 4, 2025. We have not read the court's approval order.

What it covers. Detainers based only on:

• Box 3: a fingerprint match and a check of federal databases, or
• Box 4: your own statements to an immigration officer, or other evidence that ICE agreed means only an interview with you or a review of your immigration file

It covers those detainers when they come from an ICE office in the Central District of California, or from ICE's Pacific Enforcement Response Center (PERC). The settlement's class does not limit PERC detainers by where the person is held. PERC sends detainers across the country, mostly at night and on weekends, and ILRC says the settlement affects detainers sent to 42 states and territories. A PERC detainer may list Laguna Niguel or Santa Ana, California. So if you are held in San Mateo, Santa Clara or another county and your detainer names PERC, show it to a lawyer.

What ICE must do now. A neutral reviewer at DHS headquarters, outside ICE, must agree there is probable cause within 48 hours of the detainer. For people in prison with three months or more left to serve, the limit is 14 days. If the review is late or the reviewer disagrees, ICE must cancel the detainer and tell the jail within three hours that it cannot be relied on.

What it does not cover. Detainers based on a final removal order or on a case already open in immigration court.

Why it matters in California. County jails here already may not hold you for ICE. But a detainer can still lead to a release date notice or a transfer when one of the exceptions above fits. If you got a detainer, give it to your lawyer. They can check the box ICE marked, where it came from and when it was sent. Possible violations can be reported to the lawyers for the class (emails in the toolkit above). Send a copy of the detainer and the approximate time of arrest if you know it.

What should I do if I get an ICE hold?

1. Stay calm and stay silent with ICE. You can refuse the interview on the consent form.
2. Get a copy. Ask the jail for every ICE paper about you. The law says you get one.
3. Tell your criminal defense lawyer. Ask your public defender or court appointed lawyer how each plea offer could affect your immigration case. See Before you take a plea deal.
4. Call an immigration lawyer or accredited representative. Free help is listed below.
5. Make a plan for your family. Who will care for your children if ICE takes you? See Make a family preparedness plan and Who can care for my children if I am detained.

Not sure how local police and ICE work together in California? See Does California law stop local police from helping ICE?

What do Bay Area sheriffs do with ICE requests?

State law sets the floor for every county. Each sheriff can choose to do less for ICE than the law allows.

• San Mateo County: a 2023 county ordinance limits county departments and staff from using county resources to help immigration enforcement, with exceptions such as a federal judge's warrant (San Mateo County, April 2023). In November 2025, the Board of Supervisors moved to strengthen it, and the Sheriff's Office is to track and report every request for help from federal immigration agents (San Mateo County, November 2025). Those county releases do not say how the jail answers ICE release or transfer requests. In November 2021, the sheriff announced the office would stop responding to ICE requests about an inmate's release or transfer (news report). Ask the jail, or your lawyer, what it does today.
• Every California county: the jail must give you a copy of any ICE request and tell you whether it plans to comply. That answer tells you the jail's practice in your case.

Example: what the steps look like

This is a made up example to show the steps. It is not a real person.

Luis is booked into a county jail in California on a misdemeanor. The next morning a deputy hands him a copy of an ICE form. He reads it and sees that ICE marked Box 3 and that it came from the Pacific Enforcement Response Center. The jail's note says it will not comply.

Luis gives the paper to his public defender before his first court date. He asks the questions on the printable list below. A deputy brings him an ICE interview consent form in Spanish, and he checks that he does not want to talk with ICE. His sister calls a free legal service and starts a family plan for his children.

When the judge releases him, the jail releases him at the normal time. It does not hold him for ICE.

Who can help?

These are free or low cost groups and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your criminal defense lawyer. Ask about the ICE hold and your immigration risk before any plea.
• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Deportation defense in court or detention for people with low income in San Mateo and Santa Clara counties. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m.
• Catholic Charities San Francisco, immigration legal services (serves San Mateo County): (650) 285-6451. Immigration court cases, including bond hearings.
• More options: Free or low cost immigration legal help in the Bay Area

Only a lawyer or a Department of Justice accredited representative may give you immigration legal advice. See How to find a lawyer you can trust.

Is there a list of questions I can print?