CBSA may detain a permanent resident or foreign national where the statutory grounds for detention are met. CBSA states that reasonable alternatives to detention must be considered before detention. If the person is not released, the Immigration Division of the IRB independently reviews continued detention.
Detention review schedule
For most detainees, the Immigration Division conducts the first review within 48 hours of detention or without delay afterwards, a second review within seven days after the first review, and further reviews at least once every 30 days while detention continues. Different rules apply to designated foreign nationals.
Grounds and release planning
Preparation may include addressing flight risk, danger to the public, identity or other statutory grounds relied on by CBSA. A credible release plan can include a suitable bondsperson, deposit or guarantee, residence, reporting conditions, community supervision or other proportionate alternatives.
Current alternatives to detention
CBSA currently uses community supervision, deposits and guarantees, reporting conditions, community case management and supervision, and electronic-supervision tools. CBSA reports that in 2025 more than 98% of individuals subject to immigration detention conditions were managed through alternatives to detention, with less than 2% placed in immigration holding centres.
At the hearing
The Immigration Division may order release with or without conditions or order continued detention. A detainee can also request an early detention review where new facts justify the request.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.