Immigration Bond Hearings in Florida: When Mandatory Detention Applies and How to Fight for Release

Getting released from a Florida criminal jail and getting released from immigration custody are two different legal fights, decided by two different systems. Under 8 U.S.C. § 1226, a noncitizen held by Immigration and Customs Enforcement (ICE) falls into one of two tracks: discretionary custody under § 1226(a), where an immigration judge can set a bond, or mandatory detention under § 1226(c), where release on bond is barred by law regardless of ties to the community, family, or employment. Which track applies generally turns on the specific criminal history: an aggravated felony, certain crimes involving moral turpitude, a controlled-substance offense, or a firearms offense. Florida’s own law compounds this: state and local jails are required to honor ICE detainers, so posting a Florida criminal bond does not by itself free someone ICE wants to hold. This article explains how the two custody tracks work, what a bond hearing actually looks like, and what limited options exist even inside mandatory detention.

This article covers:

• Why posting a Florida criminal bond doesn’t guarantee release when ICE has a detainer
• The difference between discretionary custody (§ 1226(a)) and mandatory detention (§ 1226(c))
• What triggers mandatory detention, and the criminal-history categories that matter most
• How a bond hearing works, what it costs, and where a bond can actually be posted near Fort Lauderdale
• The Joseph hearing, a narrow way to challenge being placed in mandatory detention
• What to do if you or a family member is picked up by ICE after a Florida arrest

The direct answer: two systems, and Florida makes them collide

A Florida criminal bond and an immigration bond are entirely separate: set by different authorities, under different laws, for different purposes. A state judge sets a criminal bond to ensure someone returns for their Florida court dates. A federal immigration judge (or ICE itself, in some cases) sets an immigration bond, or bars one entirely, to address flight risk, danger to the community, and removability under federal law. Under Florida’s detainer-compliance statutes, § 908.104 and § 908.105, Florida Statutes, local law enforcement agencies are barred from adopting “sanctuary” policies and must honor a properly issued ICE detainer, which generally means holding a person briefly past their criminal release so ICE can take custody. Posting the state bond stops the criminal case from holding someone; it does not stop a detainer from doing the same thing on the federal side.

Discretionary custody vs. mandatory detention

Whether a bond hearing is even available depends on which track a person’s case falls into:

	§ 1226(a): Discretionary custody	§ 1226(c): Mandatory detention
Who it applies to	Most noncitizens in removal proceedings without a qualifying criminal history	A noncitizen who fits an enumerated criminal or security-related category (below)
Is a bond hearing available?	Yes, before an immigration judge	No, as a general rule, release on bond is barred by statute
Who decides custody	ICE initially; an immigration judge can review and change it	ICE holds custody through the removal proceedings, with very limited exceptions (e.g., witness-protection cases)
What the detainee must show	Not a flight risk and not a danger to the community	Generally nothing, bond is unavailable regardless of ties to the community, unless the classification itself is successfully challenged (see the Joseph hearing below)
Statutory bond range	$1,500 minimum, no fixed maximum; commonly reported in the $5,000–$10,000 range depending on the judge and the facts	Not applicable

What triggers mandatory detention under § 1226(c)

Mandatory detention is not about how serious a case looks in the abstract. It is about whether the conviction fits one of several specific federal categories:

• An aggravated felony, as defined at 8 U.S.C. § 1101(a)(43), see Aggravated Felonies Under Immigration Law for which Florida convictions commonly qualify
• Two or more crimes involving moral turpitude not arising from a single scheme, or one CIMT with a possible sentence of one year or more, see Crimes Involving Moral Turpitude for how Florida charges are analyzed under this classification
• A controlled-substance offense, other than a single offense involving simple possession of 30 grams or less of marijuana
• A firearms or destructive-device offense
• Certain national-security-related grounds: espionage, sabotage, terrorist activity, or a threat against the President

A person does not need to be convicted of a Florida felony to land in this category. As explained in How Criminal Charges Can Affect Immigration Status in Florida, a Florida withhold of adjudication can still count as a conviction for federal immigration purposes, and a misdemeanor drug or theft charge can carry immigration weight far beyond what it carries in state court.

The Joseph hearing: challenging mandatory detention itself

Being charged as removable under one of the categories above does not automatically end the conversation. A detainee can request a Joseph hearing, named for the Board of Immigration Appeals decision Matter of Joseph, to argue that ICE has not “properly included” them in mandatory detention. The standard is narrow: the immigration judge will only find a person is not properly detained if ICE is “substantially unlikely” to prevail on the charge that triggers mandatory detention at the eventual merits hearing. The burden is on the detainee, not the government, to make that showing: typically by attacking whether the specific Florida conviction actually meets the federal category’s elements (for example, arguing the statute of conviction is broader than the federal generic offense, or that the sentence imposed does not meet a one-year threshold). Winning a Joseph hearing does not end the removal case. It converts the custody status from mandatory detention to discretionary custody, opening the door to an ordinary bond hearing.

What a discretionary bond hearing actually looks like

When a bond hearing is available, the immigration judge weighs two questions, and the burden is on the detainee to answer both:

• Flight risk. Ties to the community (family, employment, property, length of time in the U.S., prior court appearances) weigh against a finding of flight risk. A prior removal order, unresolved immigration violations, or use of a false identity weigh toward it.
• Danger to the community. The nature and recency of any criminal history, evidence of rehabilitation, and the specific facts of the underlying conduct, not just the charge’s label, all factor in.

Bond amounts run from a $1,500 statutory minimum with no fixed ceiling; amounts in the $5,000–$10,000 range are common, and judges may also consider ability to pay and alternatives to a cash bond, such as electronic monitoring. A cash bond, once paid in full to ICE, is generally refundable at the end of the case if every hearing is attended and the terms are met; a bond obtained through a licensed surety company instead of cash involves a non-refundable premium, similar to a criminal bail bond.

Where this plays out in South Florida

For someone detained after a Broward County arrest, ICE custody commonly begins at a local facility such as the Broward Transitional Center in Pompano Beach, but bond cannot be posted at that facility directly. Immigration bonds are generally posted at an ICE Enforcement and Removal Operations office that accepts them: the nearest is typically the office at the Krome North Service Processing Center in Miami-Dade County, which also houses an on-site immigration court where many South Florida bond hearings are heard. Because logistics, required documentation, and payment methods can change, anyone posting a bond should confirm current requirements with ICE or counsel before traveling to a facility.

Criminal bond vs. immigration bond: why posting one doesn’t resolve the other

	Florida criminal bond	Federal immigration bond
Who sets it	A Florida judge, at first appearance or a later bond hearing	An immigration judge (or ICE, for some detainees not in mandatory detention)
Governing law	Florida Rules of Criminal Procedure and the Florida Constitution’s bail provisions	8 U.S.C. § 1226 and related federal regulations
What it secures	Appearance at Florida criminal court dates	Appearance at immigration court and compliance with a final removal order
Effect of an ICE detainer	Posting it does not prevent a Florida jail from holding the person for ICE under §§ 908.104–908.105, Florida Statutes	Not applicable, this bond addresses the ICE side directly
Available for every case?	Generally yes, subject to Florida’s own limits, see Bond and Bail in Florida Criminal Cases	No, barred entirely for anyone properly in mandatory detention under § 1226(c)

The practical result: a family that posts a Florida criminal bond, expecting their relative to walk out of jail, can instead watch that person transferred directly into ICE custody with no criminal case left to resolve, and a second, separate bond process (or none at all, if mandatory detention applies) standing between them and release.

What to do if ICE has a detainer or has taken custody

• Find out which custody track applies before assuming a bond hearing is coming. Whether a bond hearing exists at all depends on the specific criminal history. This is not something to guess at from the underlying charge’s name alone.
• Do not delay engaging immigration counsel because the criminal case is still open. The two cases move on separate, sometimes overlapping, timelines, and decisions in the criminal case can affect the custody analysis on the immigration side.
• Gather proof of community ties early. Letters, proof of employment, lease or property records, and family relationships are the kind of evidence a bond hearing turns on, and they take time to assemble.
• Do not assume a criminal bond solves the immigration custody problem. Confirm directly whether a detainer has been lodged, since Florida law generally requires local jails to honor one.
• If mandatory detention applies, ask whether a Joseph hearing is realistic. This is a technical, record-specific argument that depends on exactly how the underlying Florida statute and conviction record compare to the federal category, not a request to simply reconsider the case on the merits.

Conclusion: the criminal case and the custody fight need to be handled together

Whether someone facing a Florida charge, or a past Florida conviction, can get out of ICE custody at all often depends on decisions made inside the criminal case long before immigration court is involved: the exact statute, the exact sentence, and whether the record leaves room to argue the federal mandatory-detention category doesn’t actually fit. Waiting until ICE already has custody narrows the options considerably.

Frequently asked questions

If I post my Florida criminal bond, will my family member be released?

Not necessarily. If ICE has lodged a detainer, Florida law generally requires the jail to hold the person for ICE regardless of the criminal bond. Whether the person is later released depends on the separate federal custody analysis, discretionary bond or mandatory detention, not on the state criminal case.

Can a lawful permanent resident (green card holder) be held without bond?

Yes. A green card does not exempt someone from mandatory detention under § 1226(c) if the underlying conviction fits one of the enumerated categories: an aggravated felony, a qualifying CIMT, a controlled-substance offense, or a firearms offense, among others.

What is a Joseph hearing, and how do I know if I need one?

A Joseph hearing is a request to an immigration judge to find that ICE was wrong to place someone in mandatory detention: generally by arguing the specific conviction doesn’t actually meet the federal category’s legal elements. It is worth exploring whenever mandatory detention is asserted and there is a real legal argument that the classification doesn’t fit, not simply a disagreement with the underlying facts.

How much does an immigration bond cost in Florida?

The statutory minimum is $1,500, with no fixed maximum; amounts in the $5,000–$10,000 range are commonly reported, though a judge can set it higher depending on the case. A bond is unavailable at any price for someone properly in mandatory detention.

Can an immigration bond denial be appealed?

Generally yes, to the Board of Immigration Appeals, though the timeline and procedure are technical and time-sensitive. A denial at the immigration court level is not necessarily the final word, but missing a filing deadline can be.

Does a dismissed or sealed Florida criminal case stop ICE from detaining someone?

Not automatically. As explained in How Criminal Charges Can Affect Immigration Status in Florida, sealing or expungement under Florida law generally does not eliminate a conviction for federal immigration purposes, and a detainer can already be in place based on the underlying arrest or an earlier conviction.

Speak with a lawyer before assuming a bond is available

Whether someone can get out of ICE custody, and what it will take, depends on specific facts about the conviction, the sentence, and the record that most families never think to ask about until a detainer has already been issued. MK Law’s Fort Lauderdale immigration and criminal defense attorneys coordinate on cases where a Florida charge or conviction intersects with ICE custody.

Contact MK Law to discuss a pending Florida case and how it may affect eligibility for release from immigration custody.

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