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Original Date Announced
June 24, 2025ICE issued a memorandum providing a nationwide waiver for ICE Enforcement and Removal Operations field offices’ 12-hour holding cell limit. The waiver allows noncitizens who are recently detained, or are being transferred to or from a court, detention facility, other holding facility, or other agency to be housed in a holding facility for up to 72 hours, absent “exceptional circumstances.” The memorandum cites limited transfer options and the inability to release detainees as the cause that field offices exceeded prior limits. The waiver will remain in effect for a year.
Trump 2.0 [ID #1970]
2025.06.24 ICE - Nationwide Hold Room WaiverEffective Date
June 24, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: DetentionAgencies Affected: ICEAssociated or Derivative Policies
Pre Trump-Era Policies
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January 31, 2024
Section 5.1 of Policy Number 11087.2 provided that “Absent exceptional circumstances, no detainee should be housed in a holding facility for longer than 12 hours.”
2024.01.31 ICE - Operations of ERO Holding Facilities
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
ICE - Nationwide Hold Room Waiver
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Prior Policy
Original Source:
ICE - Operations of ERO Holding Facilities
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.09.08 CNN - Immigrants spend days in 'miserable' ICE hold rooms, violating longstanding policy
CNN reports that while ICE policy previously limited holding cell stays to a maximum of 12 hours, 18% of detainees exceeded that limit during the second Trump administration's first six months. This figure is an increase from 4% in 2024. Some individuals were held for days or even a week in inhumane conditions.
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