Legal Insight · Criminal Law (State & Federal)
ICE Detainers in Florida Jails: What a Hold Means and What Happens After a Criminal Case
An ICE detainer is a written request from Immigration and Customs Enforcement asking a jail to tell ICE before releasing a person and to keep that person for a short time so ICE can take custody. Under federal regulation (8 C.F.R. § 287.7), the extra hold is limited to 48 hours beyond the time the person would otherwise be released, not counting weekends and federal holidays. Federal courts have described detainers as requests rather than commands. Florida has chosen to turn that request into a duty: under Chapter 908, Florida Statutes, local jails are generally required to cooperate with ICE detainers. In practice, that means a Florida criminal bond, a dismissal, or a completed sentence may not end in release if a detainer is on file. The person can instead be transferred to federal immigration custody, where a separate set of rules decides whether release is possible. This article explains how that handoff works and why it should shape decisions in the criminal case.
This is general information, not legal advice. Detainer practice has changed repeatedly in recent years, and what applies in a given case depends on the facts and the current law.
This article covers:
- What a detainer is and what it is not
- How Florida’s statutes and 287(g) agreements change the picture
- What happens to a detainer when the criminal case ends
- How a detainer connects to mandatory detention
- Steps to take if a detainer has been lodged
What an ICE detainer is, and what it is not
A detainer is usually issued on Form I-247A. It identifies the person, states that ICE has begun or intends to begin removal proceedings, and asks the facility to notify ICE before release. It is a document sent to the jail, not to the detained person, so many people learn about it only when the jail refuses to release them after a bond is posted.
Three things are often confused with each other:
| ICE detainer | Criminal arrest warrant or court order | Judicial warrant for immigration arrest | |
|---|---|---|---|
| Issued by | An ICE officer | A judge or magistrate | A judge or magistrate |
| Purpose | Ask a jail to notify ICE and briefly hold a person for transfer | Authorize arrest or hold on a criminal charge | Authorize a court-approved arrest |
| Approved by a judge | No | Yes | Yes |
| Basis the jail sees | A form completed by ICE | A sworn showing to a court | A sworn showing to a court |
| Duration of the extra hold | Up to 48 hours beyond release, excluding weekends and federal holidays (per the regulation) | As ordered by the court | As ordered by the court |
| Does it end the criminal case? | No | Part of the criminal case | Separate from the criminal case |
Federal courts have treated detainers as requests that local agencies are not constitutionally compelled to follow, and some have held that a jail that keeps someone solely because of a detainer can face its own legal exposure. Examples include Galarza v. Szalczyk, 745 F.3d 634 (3d Cir. 2014) and Morales v. Chadbourne, 793 F.3d 208 (1st Cir. 2015). Those decisions come from other circuits and do not control a Florida jail’s duties under state law, but they explain why a detainer is not the same thing as a court order.
Florida law turns a request into a requirement
Chapter 908, Florida Statutes, titled “Federal Immigration Enforcement,” was created in 2019 and has been amended since. Its main parts, as they are generally described, are:
- Section 908.104 requires state and local agencies to cooperate with federal immigration authorities and prohibits “sanctuary” policies.
- Section 908.105 sets duties for law enforcement agencies that have custody of a person subject to an immigration detainer. The agency is generally expected to honor the detainer and to notify the appropriate federal agency, and to keep the person as the detainer requests.
- Section 908.11 deals with immigration enforcement assistance agreements, commonly called 287(g) agreements, and the reporting that goes with them.
The practical result is that a Florida county jail with an ICE detainer on a person will usually not release that person to the street when the criminal side of the case allows it. The jail will instead notify ICE. This is the reason the Florida bail and bond process works differently for a noncitizen with a detainer: posting bond satisfies the criminal court, but it does not by itself resolve the federal hold. The companion article on immigration bond hearings covers what happens once ICE has taken custody.
287(g) agreements
Section 287(g) of the Immigration and Nationality Act, 8 U.S.C. § 1357(g), lets ICE enter written agreements with state and local agencies so that trained local officers can perform certain immigration functions. ICE publishes the current list of participating agencies and the agreement models on its 287(g) program page.
| Model | General description | Where it operates |
|---|---|---|
| Jail enforcement | Trained jail officers screen people already in custody for immigration status and can begin processing | Inside the jail, after a criminal arrest |
| Warrant service officer | Jail officers serve ICE administrative warrants on people already in custody | Inside the jail |
| Task force | Officers may question and arrest people about immigration violations during ordinary policing | Out in the community |
The models and their scope have changed over time, and Florida has expanded its use of these agreements in recent years. Which agencies participate and under which model should be checked against ICE’s current list. What matters for a defendant is that in a participating jail, immigration screening can happen at booking, before a lawyer has been involved.
What a detainer does to the criminal case
A detainer does not charge anyone with a crime and does not change the Florida case. It can, however, change the decisions in it.
- Bond. Posting bond may not lead to release. Family members sometimes pay a bond believing the person is coming home, and the person is transferred instead.
- Plea timing and sentence. A sentence of time served can mean immediate release to ICE, not release to the community. A negotiated sentence, probation terms, or a diversion program may not be workable if the person will be in immigration custody. Defense counsel should know about the detainer before any plea discussion.
- Dismissal or no charges. If the state drops the charge or declines to file, the criminal basis for holding the person ends. The detainer, if honored, can still lead to transfer to ICE. An arrest that never becomes a conviction can still start immigration consequences, since ICE often acts on the arrest itself, on status problems unrelated to the charge, or on prior records.
- Conviction consequences. If the case ends in a conviction, the type of offense then matters for custody and relief. See How Criminal Charges Can Affect Immigration Status in Florida for the overview, and the articles on crimes involving moral turpitude, aggravated felonies and drug offenses for the main deportation grounds.
A related point about withhold of adjudication: a withhold may avoid a conviction under Florida law, but federal immigration law has its own definition of conviction, and a detainer does not wait for that question to be settled.
Detainers and mandatory detention
Once ICE takes custody, the central question is whether the person can seek release on bond before an immigration judge. 8 U.S.C. § 1226 splits custody into discretionary detention, where bond is possible, and mandatory detention for people in certain categories, where bond is barred. In January 2025 Congress passed the Laken Riley Act, which added further categories to the mandatory-detention provision, including people who are charged with, arrested for, or admit to certain theft-related offenses and some other offenses. The exact scope of the amendment, and how courts read the words “charged with” and “arrested for,” should be confirmed with a current source before anyone relies on it.
The point for a Florida defendant is that an arrest alone can now matter more than it used to. That raises the importance of getting immigration advice at the beginning of a case rather than after a plea. The Padilla advisals article explains why defense counsel has a constitutional duty to address immigration consequences before a plea.
Steps to take if a detainer has been lodged
- Confirm that a detainer exists. Ask the jail, or have a lawyer ask. The ICE Online Detainee Locator System can help locate a person once ICE has custody.
- Tell the criminal defense lawyer about immigration status and history right away. Strategy for bond, plea and sentencing depends on it.
- Do not sign immigration paperwork or answer questions about status without advice. Statements made at booking or in an interview can be used in removal proceedings.
- Gather records of ties to the community. Proof of residence, employment, family and prior immigration filings is used later in a bond hearing.
- Do not pay a criminal bond on assumption that it ends the custody. Ask first what will happen after the bond is posted.
- Prepare for the immigration side. If the person will be transferred, a lawyer familiar with the local immigration court can plan for a bond request, relief applications and challenges to the basis for detention.
MK Law’s criminal defense and immigration teams work together on cases where a Florida charge and an immigration question arise at once.
What this means for your case
A detainer is a request from ICE, but under Florida law a county jail will generally act on it, so a criminal bond or a dismissed charge may lead to federal custody instead of release. The criminal case and the immigration case have to be handled together, starting with the first hearing, because decisions on bond, plea and sentence can affect what happens next. Every case turns on its own facts, including the charge, the person’s immigration status and the county involved. Talk to a lawyer who handles both sides before making decisions.
Frequently asked questions
Can a Florida jail hold me after I post bond if ICE has a detainer?
Often yes. Florida law generally expects jails to cooperate with detainers, and the regulation allows a hold of up to 48 hours beyond release, excluding weekends and federal holidays. After that period, ICE is expected to take custody or the jail would otherwise release the person. A lawyer can confirm how the specific jail handles this.
Does an ICE detainer mean I will be deported?
No. A detainer is a step toward custody, not a removal order. Removal requires proceedings before an immigration judge unless a narrow exception applies, and many people have defenses or forms of relief. Which ones depend on status, history and the charge.
Can a detainer be challenged?
Sometimes. Challenges are fact-specific and may involve whether the detainer is valid, whether the person is a U.S. citizen, or whether the jail has held the person beyond what the regulation allows. A lawyer should review the detainer form itself.
What if the criminal charges are dropped?
The criminal hold ends, but a detainer may still lead to transfer to ICE. See dismissed charges and your record for how dismissals work under Florida law, and speak to a lawyer about the immigration side.
What is the difference between a detainer and an ICE warrant?
A detainer is a request to a jail. An ICE administrative warrant (Form I-200 or I-205) is issued by an ICE officer, not a judge. A judicial warrant is signed by a judge. The three carry different legal weight.
Does a 287(g) agreement change my rights?
It changes who may screen and process people for immigration status in the jail. It does not remove the right to counsel in the criminal case or the right to a hearing in immigration court.