"90 Day Fiance" fans know that Jay Smith's been detained by immigration authorities. Held by ICE, he faces a hearing and probable detention. However, a few days ago, a couple of tabloids speculated he got released. It started when a now amended article came out from Soap Dirt, where the original title was "90 Day Fiance Jay Smith out of jail."

The Inquisitr picked that up and re-ran a similar story.

However, Soap Dirt later said he never went to jail. It seems that a lot of people got confused by a video posted to his Instagram. Now, verifying Jay's still inside and not free from detention, his sister Raine confirmed he' still behind bars.

Jay's inside and pending his hearing says the sister of the '90 Day Fiance' star

Jay and Ashley Martson often played around with various Instagram stories back in the day when they manufactured drama about their relationship.

Eventually, it became very difficult to keep up with the couple. Finally, she admitted that they did fabricate a split, but blamed TLC for it. Actually, that came to light after Jay posted live from a different account by mistake. Now, the recent video posted up showed him in the Tattoo shop where he worked and people freaked out.

You can't make a "live vid" of yourself somewhere else when you're behind bars with ICE.

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As Soap Dirt questioned later, "was this a “Live” video or an older video posted by the person managing his social media?" Absolutely, this is possible given his record of mucking about on IG. Soap Dirt also noted, "Jay Smith and his wife Ashley were caught last year making fake social media accounts to stir up drama and drive clickbait traffic." Now, Jay's sister confirmed he's actually still in detention.

Jay's not free from detention, confirms Raine Smith

The Inquisitr reproduced the story writing, "It seems the money he received from fans was put to good use since it looks like the Jamaica native is now a free man again.

After his release, Smith surprised fans and followers by going live on his Instagram page." So, news flashed around the Internet that the Jamaican husband of Ashley Martson got out somehow. Fans of the show even went so far as to suggest the GoFundMe should be shut down as he got out of jail.

Early on Wednesday the 17th of July, Raine posted up on Instagram Stories. She did a Q&A and one "90 Day Fiance" fan asked her, "What is happening with Jay?" She replied, saying, "Still in ICE waiting court very soon." She put up two crossed-fringers emojis. So, there we have it from his direct family. The @90dayfiancenews page on Instagram screen-captured it and re-posted.

Fans confused by Jay's detention and the feud between Ashley and Raine

Ashley and Raine go at each other online at the moment. The "90 Day Fiance" star was incensed by Raine sharing things about her Mother that allegedly are not true. As one fan pointed out in the comments, "You should’ve posted the threatening dm Ashley sent his sister. I’m glad his sister isn’t afraid to expose her, and 90 Day blogs need to expose her too." Others just talked about how confused they all are these days.

One comment said, "I don’t understand why he is getting deported but Larissa who was arrested three times is not?! Anyone????" Another user wrote, "I don’t get American laws, I thought he had a visa and he got married. How can they detain him in an immigration center?"

But this got explained by another follower who wrote, "I am not 100% sure, this is just me playing guess games. I know Larissa applied for her change of status (actually Colt applies for her) so when she was arrested she was legally allowed to be in the country. From what I’ve seen on the show, Ashley got J to come to the country as a fiancée, with a time frame to get married and update his status, however, she never updated his status...his status was expired. And as we are all [seing] what’s been going on in the country lately, ICE is detaining all immigrants with expired paperwork...So Jay is detained because of his status, not because he was arrested and charged for any crimes."

Ashley said she would not upgrade his status on the show

In fact, Ashley got so angry over his various cheating things, that she clearly said she would not update his status on one of the episodes. So, whether the Instagrammer is correct or not, it would definitely involve his spouse agreeing to take the final step and upgrade for a proper residence visa.

What do you think about Jay still being in detention, yet someone's posting video on his IG? It's no surprise that people get confused, after all. Plus now that Raine Smith and Ashley feud over the situation, rest assured, Raine's determined to keep all of Jay's fans updated on the real deal.

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