What is an ICE Hold?
In Jacksonville, Florida, the Jacksonville Sheriff’s Office (JSO) has an agreement with Immigration and Customs Enforcement (ICE) through section 287(g) of the Immigration and Nationality Act (INA), allowing JSO officers to collaborate with ICE by performing certain tasks usually reserved only for federal agents. Jacksonville has a jail based 287(g) program where all foreign nationals who are arrested and taken to jail are interviewed regarding their immigration status as part of the booking process. This information is shared with ICE who may then place a “hold” on the person arrested. The hold is actually a detainer issued by ICE stating that the foreign national must be held by the jail for forty-eight (48) hours after the criminal case ends, or after the criminal bond has been paid.
Forty-eight (48) hours is the maximum time ICE has to place the person in removal (deportation) proceedings. During this time, ICE will also make a decision whether to grant the individual an immigration bond or deny them bond altogether. If the person is not subject to mandatory detention, they will have an opportunity to ask for bond from an Immigration Judge later, or ask that the Immigration Judge reduce the amount of the bond set by ICE. If ICE sets no bond, the person will be transferred from the jail to an immigration detention center, even if they were arrested for only a driving offense, or if the criminal bond was paid and they were not convicted.
Because the forty-eight-hour rule begins when the person’s criminal case is over, or when they pay their criminal bond, there are often cases where the criminal bond should not be paid as that will start the forty-eight (48) hours to run. The 48-hour rule does not count Saturdays, Sundays, or Federal Holidays. For example, if a criminal bond is paid on a Friday at 3:00 pm, ICE has until Tuesday at 3:00 pm to take custody of the person arrested.
It is important to contact an immigration attorney before the person is taken to immigration detention if possible, as the attorney may be able to request a bond from ICE before the person arrested is taken to an immigration detention center. Another reason to hire an immigration attorney before the person is taken to immigration detention is that the outcome of the criminal case may determine whether the person will be eligible for an immigration bond. An immigration attorney can work with the criminal defense attorney or public defender to help ensure the conviction has the least harmful immigration consequences. Sadly, many immigration detention centers are located far away from where the person lives or was arrested, and even with only minor convictions, it may be very difficult to convince an Immigration Judge to release them on bond. It is therefore important to act quickly when your loved one has been arrested for any reason.
Our office is located at the corner of Park Street and Blanding Boulevard in Jacksonville, Florida. Our team of paralegals and immigration attorneys are standing by to assist you. For an in-depth review of your case in a confidential setting, please contact our office to schedule an in-person or phone consultation with one of our experienced immigration attorneys.
The information provided does not constitute legal advice and does not create an attorney-client relationship.
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