If someone is detained for immigration reasons in Canada, the Immigration Division reviews the detention within 48 hours or as soon as possible afterwards. If detention is continued, the next review is within seven days, and after that at least once every 30 days. An earlier review can be requested if there are new facts. In 2025 the CBSA detained 3,598 people, with a median stay of five days.
What happens in the first 48 hours?
The Immigration Division reviews the reasons for the detention within 48 hours of detention, or as soon as possible afterwards. That first review matters enormously and it arrives before most families have worked out what is happening.
If you are reading this because a relative was detained, you are the one who can act. They usually cannot.
What happens after that?
If continued detention is ordered, there is a further review within seven days. After that, reviews happen at least once every 30 days for as long as the person remains detained. A review can also be requested earlier if there are new facts to put forward.
What actually gets someone released?
A credible, documented release plan. Who the bondsperson is, what they are offering, where the person will live, what conditions they will accept. Arriving without that plan and hoping to argue is how reviews are lost.
In 2025, 1,380 people were released from detention on an alternative to detention, about 38% of all persons detained.
Common questions
How quickly is a detention review held in Canada?
The Immigration Division reviews the reasons for detention within 48 hours of detention or as soon as possible afterwards, then within seven days if detention continues, and then at least once every 30 days.
Can I act for a family member who has been detained?
Yes. A detained person often has no access to a phone, so a relative is usually the one who instructs a representative and gathers the release plan. We take instructions from family members in detention matters.