What Happens When an ICE Hold Is Placed on Someone Arrested in Central Florida?
- McMann, P.A.
- Nov 8, 2024
- 4 min read
Updated: Apr 5
If you or a loved one has been arrested in Central Florida—whether for a misdemeanor like driving without a valid driver’s license or a more serious offense—there’s a chance that Immigration and Customs Enforcement (ICE) might place an "ICE Hold" on the individual. This is becoming an increasingly common situation in areas like Polk, Osceola, Orange, Hillsborough, Hardee, and Highlands Counties.
Here’s what you need to know about what an ICE Hold is, how it works
and what you can do if you're facing one.
What Is an ICE Hold?
An ICE Hold, also called an "Immigration Detainer," is a request from ICE to local law enforcement to notify them when a person in custody is about to be released. Essentially, it tells local authorities not to release the individual from jail, even if a judge has set bond, until ICE can take them into custody. The hold is placed because ICE believes the person may be in the U.S. without proper documentation or may be subject to deportation.
How Does an ICE Hold Happen?
Here’s an example of how an ICE Hold could come into play:
Let’s say Maria, a resident of Polk County, gets pulled over for a routine traffic violation and is arrested for driving without a valid driver’s license. After her arrest, the police may run her information through the system and discover that she has no legal immigration status. ICE could then place an ICE Hold on her, meaning that even though Maria has been granted a bond by the judge during her first appearance, she cannot bond out because she is subject to ICE custody.
This can happen to anyone arrested in Central Florida—even for minor offenses.
What Happens When an ICE Hold Is Placed on Someone Arrested in Central Florida?
Once an ICE Hold is placed, the individual is essentially in limbo. Even if a bond is set and they have the funds to pay it, they will not be released from jail. Instead, they are held in the local jail until ICE takes custody of them, which can lead to further complications.
Once ICE takes custody, the person may be transferred to one of their detention facilities. In Central Florida, these facilities include:
The Kissimmee ICE Facility (Osceola County)
The Orange County Jail, which houses detainees for ICE in some cases
The Broward Transitional Center (for certain detainees from surrounding counties)
From there, ICE will begin processing the individual, which could include an interview, an immigration court hearing, or other legal proceedings related to their status.
Timeline for ICE Hold and Transfer
The timeline can vary, but typically, ICE will take custody of the individual within 48 hours of the local jail notifying them of the hold. Once ICE takes the person into custody, they will begin their process, which may include deportation proceedings or an immigration hearing, depending on the individual’s circumstances.
In some cases, ICE may choose not to deport immediately, but instead, they might allow the person to remain in the U.S. while their case is pending. However, this process can take time—sometimes several months or more.
What Can Be Done to Combat an ICE Hold?
If you or someone you know has had an ICE Hold placed on them, it is crucial to contact an immigration attorney immediately. As an experienced Florida immigration attorney, I can help in several ways:
Request a Bond Hearing: In many cases, I can file a request to have the person released on bond, even while ICE holds them in custody. If granted, this would allow the individual to return to their family while awaiting the outcome of their case.
Challenge the ICE Hold: Sometimes, ICE may have placed a hold by mistake, or the circumstances may allow for a legal challenge. I can review the details of the person’s immigration status and criminal record and potentially seek their release if there is a valid defense.
Assist in Deportation Defense: If deportation is a risk, I can help defend the person in immigration court and explore all available avenues to prevent deportation, such as applying for relief from removal, such as asylum or cancellation of removal.
Speed Up the Process: I can also work to ensure that the person’s case is handled as efficiently as possible, minimizing the amount of time spent in custody.
Why You Need an Immigration Attorney Right Away
The sooner you act, the better. An ICE Hold can complicate matters, especially when a person is not able to bond out of jail due to their immigration status. By working with an immigration attorney immediately, we can ensure that every legal option is explored to fight the hold and secure the individual’s release.
If you or a loved one is facing an ICE Hold after an arrest in Polk, Osceola, Orange, Hillsborough, Hardee, or Highlands Counties, contact me, Mark McMann at McMann, P.A. right away. I specialize in both criminal law and immigration law and can help navigate these complex situations. The sooner you reach out, the sooner we can work to protect your rights.
Mark D. McMann
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