Understanding ICE Holds in Central Florida: What You Need to Know If You or a Loved One Is Arrested
- McMann, P.A.
- Nov 11, 2024
- 4 min read
Updated: Apr 5
Being arrested in Central Florida can quickly escalate from a criminal matter to an immigration issue if Immigration Customs Enforcement (ICE) places an “ICE hold” or “immigration detainer” on the defendant. This hold prevents the person from being released on bond, even if a bond has been set by the judge for the underlying criminal charges.
If you or someone you care about is a non-U.S. citizen and faces this situation in Polk, Osceola, Orange, Hillsborough, Hardee, or Highlands Counties, this guide will help you understand what to expect and why reaching out to an immigration attorney immediately is crucial.
Scenario: When an ICE Hold Might Be Placed
Imagine you or a loved one is arrested for a relatively minor offense, such as driving without a valid driver’s license. During the booking process, the local jail shares your information with ICE, as is standard in many counties. If ICE determines that you do not have lawful immigration status or have an immigration violation in your history, they may issue an ICE hold.
An ICE hold essentially "locks" you in jail custody, preventing release on bond or even if the criminal charges are dropped. This means that even if the judge grants you a bond or you pay your bond, you’ll still be held until ICE comes to take custody.
How ICE Holds Work and the Next Steps
Here’s how an ICE hold typically works in Central Florida:
Arrest and Booking: After an arrest, local law enforcement shares your information with ICE. This is part of an information-sharing process where immigration status or any flags in the federal system are reported to ICE.
ICE Places a Hold: If ICE has reason to believe you are not legally in the U.S. or have a prior immigration violation, they may place a hold on you. This means you won’t be released from jail even if a judge has set a bond amount or released you on your own recognizance for your criminal charge.
Transfer to ICE Custody: Once your criminal matter is cleared up, ICE has up to 48 hours to pick you up from the county jail (excluding weekends and holidays). You’ll then be transferred to an ICE facility.
Where Are ICE Hold Subjects Taken?
Defendants with ICE holds in Central Florida are typically transferred to one of the following ICE detention facilities:
Krome Service Processing Center in Miami
Baker County Detention Center in Baker County
Glades County Detention Center in Moore Haven
Each of these facilities is an ICE holding area where immigration cases are processed.
What Happens After Transfer?
Once in ICE custody, your situation becomes an immigration issue, often separate from your criminal case. The timeline for processing can vary widely, depending on ICE's current caseload, but here’s what generally happens next:
Initial Processing by ICE: ICE officials will review your case and background to determine if they will pursue deportation or if there may be other options.
Immigration Hearing: You may be scheduled for an initial appearance in immigration court. This often depends on whether you qualify for bond in immigration court, which is different from the bond set by the criminal judge.
Possible Detention Pending Outcome: Unfortunately, individuals with ICE holds are frequently detained while their immigration cases proceed. The process can last weeks or even months, and having a strong defense is key.
How an Immigration Attorney Can Help
In cases where an ICE hold is involved, it’s critical to contact an immigration attorney right away. Here’s how an attorney can support you:
Requesting an Immigration Bond: Unlike criminal court, immigration court has its own rules for bond eligibility. An experienced immigration attorney can petition for an immigration bond, which may allow for release even with an ICE hold.
Challenging the ICE Hold: If there are grounds to argue that ICE should not have placed a hold (for instance, if you have legal status or the charges are non-immigration-related), an attorney can argue for the ICE hold to be lifted.
Representing You in Immigration Court: If your case progresses to a deportation hearing, your attorney will prepare a defense against deportation, gather supporting documents, and present any relief options you may qualify for.
Communicating with ICE and Local Authorities: An attorney can navigate the complex system of ICE and criminal law to explore all possible avenues for your release and help expedite your case.
Why Time Is of the Essence
The longer you wait, the more challenging it can be to take control of the situation. Acting quickly increases your chances of being released from detention and securing the best possible outcome for both your criminal and immigration cases.
If you or someone you know has been arrested in Polk, Osceola, Orange, Hillsborough, Hardee, or Highlands Counties and is facing an ICE hold, contact McMann, P.A. immediately.
I can assess your unique situation, explain your options, and create a tailored plan to protect your rights and help you stay in the country.
Mark D. McMann
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