09/25/2026
My family member is in jail for state criminal charges and has an ICE hold. What does this mean?
Under federal regulations, when an immigration detainer (ICE Hold) is issued for an individual in state custody, the local law enforcement agency is requested to maintain custody of the individual for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays, to permit the Department of Homeland Security (ICE) to assume physical custody This 48-hour temporary detention period begins only when the individual is no longer subject to state criminal detention, specifically, when they are otherwise eligible for release because they have posted bond, completed their sentence, had charges dismissed, or been released on parole. Florida law mandates that local law enforcement agencies comply with federal immigration detainers
If I post his bond, what will happen.
If you post the bond on the state criminal charges, the client will not be released into the community. Instead, the county jail will transition the client directly into federal immigration custody. When the court date comes up in state court, he will likely not be present, a warrant will be issued for his arrest and the bond that you posted, will be forfeit to the state. The State also has the authority to seek an order from the Court, to bring him back from immigration custody, to face state prosecution.
What happens if ICE does not pick him up in the 48 hours.
If federal immigration authorities fail to assume custody within the authorized 48-hour window, the individual's primary remedy to secure release is to file a petition for a writ of habeas corpus under 28 U.S.C. § 2241 in federal court. State courts lack jurisdiction to rule on federal immigration detainer custody.
Consults are free. Come talk to me and we will figure it out. I can answer your questions. Ron Tulin 813-717-9400
Stay legal my friends.