ICE detains immigrants at SFO beyond 72-hour limit

Overview

Updated Sep 4

A lounge inside San Francisco International Airport has become a makeshift holding cell. Immigration agents held 25 people there for more than three days this year, some in chairs under lights left on all night, with limited access to medical care, legal representation, or beds.

That exceeds the government's own 72-hour detention standard. Attorneys say the practice marks a shift away from releasing travelers with court appointments, and it is part of a broader expansion of immigration enforcement that has put 400+ people in airport custody nationwide beyond the limit.

Why it matters

If this practice continues, green-card holders arriving at U.S. airports could face indefinite detention without due process, undermining a process that previously relied on scheduled releases.

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Key Indicators

People held at SFO >72 hours in 2026

Reported by the San Francisco Chronicle, through July.

Green-card holders among those held

Of the 25 held at SFO, 19 were lawful permanent residents.

400+

People held >72 hours at U.S. airports nationwide

Federal data covering January through the reporting period.

Median age of green-card holders held at SFO

Compared to 44 nationwide; older detainees drew medical concerns.

Voices

Curated perspectives — historical figures and your fellow readers.

Ever wondered what historical figures would say about today's headlines?

People Involved

Kevin Mullin

U.S. Representative (D-CA, 15th District)

Inspected the CBP facility on August 26 after being initially turned away

Marissa Hatton

Civil rights attorney representing detained green-card holders

Publicly criticizing conditions and legal treatment

Organizations Involved

U.S. Immigration and Customs Enforcement

Federal Agency

Conducting enforcement and transfers from airports

Enforces federal immigration laws, including detention and removal.

U.S. Customs and Border Protection

Federal Agency

Operates the SFO holding facility and sets detention standards

Manages U.S. borders and airports, including initial immigration screening.

Timeline

January 2025 September 2026

5 events Latest: September 1st, 2026 · 1 week ago

Tap a bar to jump to that date

September 2026
SFist reports on SFO detentions and conditions
Latest News Report

Story publishes, detailing the holding area's makeshift conditions, legal concerns, and government response.
September 1st, 2026
August 2026
Mullin admitted to CBP facility, sees five detainees
Oversight

After being turned away, Mullin gains access six days later. Officers acknowledge the policy shift and mention weekend court closures extending holds.
August 26th, 2026
Rep. Mullin's first attempt to inspect facility refused
Oversight

CBP rejects Mullin's visit request despite federal law permitting member inspections without advance notice.
August 20th, 2026
July 2026
25 people held at SFO beyond 72 hours through July
Data Report

The San Francisco Chronicle compiles federal data showing 25 detentions at SFO lasting over three days, 19 of them green-card holders. 18 were later transferred to ICE custody.
July 31st, 2026
January 2025
CBP shifts away from deferred inspection at SFO
Policy Shift

Attorneys report that green-card holders increasingly are held at the airport rather than released with court appointments. Federal officers later acknowledge this to Rep. Mullin.
January 1st, 2025

Scenarios

CBP reverses course, reverts to deferred inspection

Possible Resolves by Jan 1, 2027

Discussed by: Immigration attorneys, civil rights organizations

Following media attention and congressional pressure, CBP issues new guidance that travelers with green cards or valid claims are released within 72 hours with a scheduled appointment. This would require a formal policy change and could be announced by the agency.

Federal court rules prolonged airport detention unlawful

Unlikely Resolves by Jun 1, 2027

Discussed by: Legal scholars, American Civil Liberties Union (ACLU)

A class-action lawsuit filed on behalf of detained green-card holders succeeds, with a federal judge ruling that holding people beyond 72 hours without charge violates the Fifth Amendment's due process clause. The court orders immediate release and bars future over-limit holds.

No change: detentions continue, oversight increases

Likely Resolves by Mar 1, 2027

Discussed by: Congressional aides, journalists

Despite media coverage and Mullin's inspection, CBP defends its authority and continues the practice. Congress holds hearings but does not pass binding legislation. Detention totals may fluctuate but the 72-hour guideline remains broken.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

September 2001 – 2003

Post-9/11 Preventive Detention (2001-2003)

In the wake of 9/11, the government detained hundreds of non-citizens for immigration violations, often incommunicado and for months, under sweeping national security powers. Many were held without specific evidence of wrongdoing.

Then

Civil liberties groups filed lawsuits; several detainees were deported; conditions were criticized by the Justice Department's inspector general.

Now

Set a precedent for extended immigration detention during emergencies, raising ongoing concerns about executive discretion.

Why this matters now

The current holds echo these earlier practices, where administrative detention extended beyond stated standards, attracting legal and political scrutiny.

April-June 2018

Family Separation Policy (2018)

The Trump administration's 'zero tolerance' policy led to the separation of thousands of migrant families at the U.S.-Mexico border. Parents were prosecuted, children placed in government custody, and the policy was ended by executive order amid public outcry.

Then

Massive legal challenges and a court order requiring reunification.

Now

The episode demonstrated how administrative policy shifts can exceed legal and ethical bounds without explicit legislation, later prompting oversight and reform attempts.

Why this matters now

Like family separation, the SFO detentions exemplify a sudden administrative change in enforcement that strains established procedural safeguards, raising questions of legality and human rights.

Decades up to 2024

Deferred Inspection Practice (pre-2025)

For years, arriving travelers with minor immigration issues were processed at airports and released with a deferred inspection appointment, giving them weeks to obtain court records and meet with officers, often with an attorney present. This avoided long airport detentions.

Then

Travelers could enter the country temporarily while resolving status questions.

Now

The policy reduced the need for expedited judicial review and allowed due process to proceed without physical custody.

Why this matters now

The current shift away from deferred inspection marks a reversal of a well-established practice, turning routine airport entry into a detention event.