News & Insights

1. Case Type and Processing Time

• Detainees with pending asylum claims or removal proceedings may stay longer, as these cases often require additional hearings and reviews.
• Individuals awaiting deportation after a final order of removal might experience shorter stays, depending on ICE’s ability to secure travel documents and arrange deportation.

2. Bond or Parole Eligibility

• Some individuals are eligible for release on bond or parole. If granted, the duration of detention depends on how quickly they can pay the bond or meet parole requirements.
• In cases where bond is denied, the individual may remain detained until their case is resolved.

3. Complexity of Legal Issues

Cases involving criminal convictions, extensive documentation requirements, or contested removals tend to take longer.

4. Backlog in Immigration Courts

Arizona, like many states, has a significant backlog in immigration cases. This delay can extend detention times for those waiting for hearings.

5. COVID-19 and Public Health Concerns

Pandemic-related restrictions have impacted detention timelines in recent years, including slower court proceedings and limited travel arrangements.

6. Facility-Specific Policies

Detention facilities in Arizona, such as Eloy or Florence, may have different administrative processes, which can also affect the duration of detention.

Legal Overview

U.S. immigration law grants ICE the authority to detain individuals for various reasons, such as ensuring compliance with removal orders or preventing flight risk during legal proceedings. However, detention must comply with due process principles, and detainees have rights, such as the ability to request bond hearings or appeal adverse decisions. Key statutes include:

• Immigration and Nationality Act (INA) § 236 (governing detention and release on bond)
• INA § 241 (detention during the removal period)

For further details, visit the American Immigration Council’s guide on detention.