A loved one gets arrested, even for something that seems minor, and within hours the family is asking a different, more frightening question: will immigration get involved? In Florida, the honest answer today is that it might, no matter how small the charge, because of a change in state law that now touches every county jail in Florida.
This article is general information, not legal advice. Every arrest and every immigration situation is different. Please speak with an attorney right away if this is happening to your family.
Every County Jail in Florida Now Works With ICE
Under Florida Statute Section 908.11, the sheriff or chief correctional officer at every county detention facility in Florida is required to enter into a written 287(g) agreement with U.S. Immigration and Customs Enforcement. Since this law took effect, all 67 Florida counties have signed one of these agreements. In practice, that means local jail staff are now checking immigration status and working directly with ICE as part of routine booking, not just in a handful of counties that chose to cooperate.
What an ICE Detainer Actually Is
An ICE detainer, filed on a form called an I-247A, is a request asking the jail to hold someone for up to 48 hours past the time they would otherwise be released, so that ICE can take custody. It is not itself a warrant signed by a judge. Under Florida Statute Section 908.105, once a detainer is verified as valid, Florida law enforcement agencies are required to honor it. That combination, a mandatory 287(g) agreement plus a mandatory duty to comply with valid detainers, is why an arrest that once might have stayed a purely local matter can now trigger a federal immigration hold before a family has time to react.
This Is Not Only About Serious Charges
Families often assume ICE only becomes involved in serious felony cases. Under the current system, that is not a safe assumption. Booking-level status checks happen regardless of the underlying charge, which means a DUI, a traffic-related arrest, or another lower-level charge can be the moment that starts an immigration case running alongside the criminal one. If someone in your family is arrested for any reason, it is worth treating the immigration question as live from the very first phone call.
Two Different Cases, and Why Both Need the Right Lawyer
It helps to think of this as two separate tracks that happen at the same time. The criminal case is decided in state or federal criminal court, based on the charge itself. The immigration consequences, including anything related to an ICE detainer or removal proceedings, are handled in a completely separate system. Our firm defends the criminal case with those immigration consequences in mind from day one, since how a criminal case is charged, negotiated, or resolved can directly affect someone’s immigration options later. For the removal or deportation side itself, we coordinate closely with immigration counsel, and in many cases serve as co-counsel alongside them, so the two cases are handled together rather than in isolation.
What to Do the Moment Someone Is Arrested
Call a bilingual criminal defense attorney immediately, before assuming the situation will resolve on its own. If your loved one is transferred to ICE custody, they can sometimes be moved to a detention facility in another state with little notice, so it helps to know the ICE Online Detainee Locator at locator.ice.gov and to have their A-number if one has already been assigned. Having a durable power of attorney prepared in advance, signed with Florida’s formalities, can also make it possible to keep paying bills, caring for children, or managing a household while the situation is sorted out. Our earlier article on preparing before a loved one is taken by ICE walks through these steps in more detail.
Frequently Asked Questions
Does this only apply to undocumented immigrants?
The 287(g) and detainer process is aimed at people ICE believes may be removable, which can include lawful permanent residents and visa holders in certain circumstances, not only people without status. If there is any immigration question at all, it is worth getting counsel involved.
Does your firm handle deportation cases in immigration court?
Our firm focuses on the criminal defense side, handled with immigration consequences in mind, and on affirmative USCIS petitions. For removal or deportation proceedings themselves, we work closely with, and often alongside, immigration counsel who handle that court.
What if my family member has already been transferred to ICE custody?
Check the ICE Online Detainee Locator first to find where they are being held, then call an attorney right away. Time matters, since decisions made early in both the criminal and immigration process can affect what options remain later.
Talk to Us Before You Talk to Anyone Else
Your consultation is confidential. Call (239) 933-9404 or book a consultation. Se habla español. Learn more on our Immigration & USCIS Petitions page.
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