Being detained by immigration authorities, or learning that a loved one has been detained, is frightening and confusing. You want to know why it happened, how long it can last, and what can be done about it. Canada’s immigration detention landscape shifted in 2025 and 2026, and understanding how detention reviews work now can help you make sense of the process.

This guide explains, in plain language, why people are detained under immigration law, how often a detention is reviewed, who has to justify continued detention, and the alternatives that keep most people out of custody. It is general information, not advice about a specific case.

Key takeaways

• Immigration detention is generally based on one of three grounds: flight risk, danger to the public, or unresolved identity.
• Detention is reviewed by the Immigration Division on a set schedule — within 48 hours, again within 7 days, and then at least every 30 days.
• The Canada Border Services Agency (CBSA) generally has to justify continued detention at each review.
• As of 2025, all provinces have ended agreements to hold immigration detainees in provincial jails, with Ontario last, effective September 15, 2025.
• The large majority of people under CBSA supervision are in Alternatives to Detention programs rather than in custody.

Why people are detained under immigration law

Immigration detention is not a criminal punishment. It is an administrative measure used in specific circumstances. Generally, a person may be detained on one or more of these grounds:

• Flight risk: the authorities believe the person is unlikely to appear for an examination, hearing, or removal.
• Danger to the public: the person is considered a danger to the public.
• Identity not established: the person’s identity has not been confirmed to the authorities’ satisfaction.

Detention is meant to be used when it is necessary, and the system is built around regular reviews so that no one is simply held indefinitely without their case being looked at again.

How detention reviews work

Immigration detention is reviewed by the Immigration Division of the Immigration and Refugee Board — an independent tribunal, separate from CBSA. The reviews happen on a set schedule.

At each review, a member of the Immigration Division decides whether continued detention is justified or whether the person should be released, sometimes with conditions. Generally, CBSA has to justify why detention should continue at each hearing. The detained person can present evidence, propose a release plan, and — where possible — put forward a bondsperson or other conditions that address the authorities’ concerns.

Each review is a fresh look, but a member also considers the reasons given at earlier reviews. If a person has already been detained for a period, the tribunal weighs how long the detention has lasted, whether it is likely to continue much longer, and whether the underlying process is moving forward. A detention that stretches on without a clear end in sight tends to draw closer scrutiny at each successive review. This is why preparation for every review matters, not just the first one — circumstances change, new evidence can emerge, and a plan that was not ready at an early review may be ready later.

Release with conditions

Release is not always all-or-nothing. The Immigration Division can order a person released on conditions designed to address the specific ground for detention — for example, reporting requirements, a bond, or supervision. A well-prepared release plan that responds directly to the concern (flight risk, danger, or identity) can make a meaningful difference at a review.

What changed in 2025 and 2026

For years, immigration detainees in Canada were sometimes held in provincial correctional facilities. That has changed. All provinces have now ended their agreements to hold immigration detainees in provincial jails, with Ontario the last to do so, effective September 15, 2025.

As those provincial arrangements wound down, CBSA moved toward federal facilities for higher-risk detention. A designated high-risk immigration station opened at Sainte-Anne-des-Plaines, Quebec, in July 2025. The overall direction is to handle immigration detention within the federal system rather than in provincial jails.

Alternatives to Detention

Detention is not the norm. Over 98% of people under CBSA supervision are managed through Alternatives to Detention (ATD) programs rather than being held in custody. These alternatives can include reporting requirements, community supervision, and other tools that let a person remain in the community while their immigration matter proceeds. The existence of these programs is part of why a strong, realistic release plan matters so much at a detention review — it shows the tribunal that the authorities’ concerns can be managed without custody.

Preparing for a detention review

Because the reviews come quickly and continue on a set schedule, preparation makes a real difference. In many cases, the focus is on showing the tribunal a concrete, workable answer to the specific ground for detention. That can involve:

• Gathering documents that help confirm identity where identity is the concern.
• Putting together a realistic release plan with reporting arrangements or supervision.
• Identifying a suitable bondsperson who can support compliance with conditions.
• Explaining ties to the community that reduce any concern about flight risk.

A plan that speaks directly to why the person was detained is generally more persuasive than a general request for release.

How this fits with the rest of an immigration case

Detention usually runs alongside another immigration process — for example, an admissibility issue, a removal, or a claim being assessed. Reviews focus specifically on whether detention should continue, not on the merits of the underlying immigration matter. Because the two run in parallel, decisions in one can affect the other, and timelines can move quickly. Acting promptly at each stage is important. If a person disagrees with a detention decision, there may also be a route to seek review of that decision at the Federal Court, though the regular review schedule before the Immigration Division continues in the meantime.

Detention reviews move fast and the stakes are high for the person and their family. If you or someone you care about is facing an immigration detention review, Azimi Law would be glad to talk with you about how the process works and what a release plan might involve in your situation. Because the schedule is tight, reaching out early gives the most room to prepare.