Marion County Sheriff Limits ICE Detainee Holds to 48 Hours

Policy shift cited as response to jail overcrowding and mounting operational costs

By: Haitian Prime News Staff|January 13, 2026|Indianapolis, Indiana

The Marion County Sheriff’s Office has implemented a new policy limiting the length of time individuals held on U.S. Immigration and Customs Enforcement (ICE) detainers may remain in county custody to a maximum of 48 hours.

Sheriff Kerry Forestal announced the decision amid growing concerns over overcrowding at the Marion County Adult Detention Center and increasing budgetary pressures affecting jail operations. According to the sheriff’s office, the detention facility has repeatedly exceeded its intended capacity, straining staffing, resources, and funding.

Under the revised policy, the sheriff’s office will continue to cooperate with federal immigration authorities by honoring ICE detainers. However, detainees will only be held for up to 48 hours, after which ICE must assume custody or arrange transfer to another facility. Previously, some detainees were held beyond that timeframe due to delays in federal transfers.

Sheriff Forestal stated that the county can no longer sustain prolonged federal holds while managing local and state inmate populations. He emphasized that the policy change is not a rejection of cooperation with federal authorities, but rather a logistical necessity to ensure the safety, efficiency, and fiscal responsibility of the county jail system.

County officials have also pointed to additional factors contributing to overcrowding, including individuals awaiting transfer to Indiana Department of Correction facilities who remain housed at the county level. These delays, officials say, further compound operational challenges and increase costs borne by local taxpayers.

The policy adjustment places Marion County among a growing number of jurisdictions reevaluating their role in federal immigration detention amid capacity and budget constraints. Local leaders have indicated that discussions with state and federal partners are ongoing to address longer-term solutions.

Sources

WISH-TV (Indianapolis) WRTV Indianapolis Statements from the Marion County Sheriff’s Office