If you’re not a U.S. citizen and you’ve been arrested, your situation may quickly involve more than just criminal charges. Immigration and Customs Enforcement (ICE) can step in, even if your criminal case is minor, dismissed, or resolved. Knowing what happens next and how to respond can help protect your rights and your future. This blog explains what an ICE detainer is, how the process works, and what you and your loved ones can do in the face of immigration consequences after an arrest.
What Is an ICE Detainer and the 48-Hour Hold?
When someone who is not a U.S. citizen is arrested, ICE may issue a detainer request. This request asks the jail to hold the person for up to 48 hours after they would otherwise be released, giving ICE time to take custody.
Legally, the hold cannot extend beyond 48 hours, excluding weekends and holidays. ICE must either take custody or the person must be released. However, during this time, the individual may still be in jail, even if bail has been posted or charges have been dropped.
It’s important to know that an ICE detainer is not a warrant. It’s a civil request, not a criminal order. That means local jails are not always required to honor it. However, in many parts of Florida, including areas that comply closely with federal immigration enforcement, ICE detainers are often enforced.
Rights During Detention
Even if you are not a citizen, you still have rights under the Constitution. If you’re held on an ICE detainer, you have the right:
- To remain silent
- To speak with an attorney
- To refuse to sign documents you don’t understand
Do not answer questions from ICE agents about your immigration status, where you were born, or how you entered the country. You can calmly say that you wish to remain silent and speak to your lawyer.
Never sign anything without legal advice. Some forms may waive your right to see a judge or agree to voluntary departure without giving you time to build a case.
Communication with Family and Emergency Planning
It’s always wise for families to be prepared. That means having an emergency plan in place if a loved one is arrested and ICE becomes involved.
We recommend:
- Choosing a trusted emergency contact who can speak to your lawyer
- Keeping copies of important documents, such as birth certificates, green cards, marriage records, or asylum filings, in one place
- Having your attorney’s contact information written down and easily accessible
If someone is detained, loved ones can check the ICE detainee locator online or contact the local jail. A lawyer can also step in to help confirm where the person is being held and begin working on a defense.
Bond and Immigration Hold Options
Whether a person is eligible for bond depends on their immigration status and criminal history. Some individuals may be eligible for a bond through the criminal court, but an ICE detainer may prevent their release from jail.
In other cases, the person may be transferred to an immigration detention center. There, they might have a separate bond hearing with an immigration judge. Unfortunately, certain prior convictions or past removal orders may make someone ineligible for bond.
If bond is possible, your attorney can:
- Ask the court to set a reasonable bond amount
- Request a bond hearing in immigration court
- Argue for release on humanitarian or legal grounds
We’ll work to find out the best path for release, depending on the facts of your case.
Deportation Defense After ICE Custody
If ICE takes you into custody, deportation proceedings may follow. But an arrest doesn’t automatically mean removal. There are several ways to fight deportation depending on your situation.
Some common defenses include:
- Applying for asylum if you fear returning to your home country
- Requesting cancellation of removal based on length of stay and family hardship
- Adjusting your status if you qualify for a green card through a relative
- Asking for a waiver if you meet certain eligibility requirements
We’ll help gather the documents and personal history needed to support your defense. Timing matters, so acting quickly improves your chances of success.
Do Sanctuary Jurisdictions Make a Difference?
Sanctuary jurisdictions typically place limits on how much they cooperate with ICE. In Florida, however, recent state laws have pushed many counties to comply with detainer requests.
Still, practices vary. In some places, law enforcement will notify ICE about every arrest involving a non-citizen. In others, the jail may not hold someone past their release date. Where you are arrested can shape how your case unfolds and how fast ICE gets involved.
Planning Ahead Protects Your Rights
Being arrested as a non-citizen is a frightening experience, especially when immigration enforcement is involved. But you don’t have to go through it alone. At Central Justice, we stand by families and individuals caught in the overlap between the criminal and immigration systems. If someone you love is being held on an ICE detainer, contact us. We’ll help you understand your options and fight for the best possible outcome.
