ICE Notification and Hold
What happens if you are arrested for a crime in Hillsborough County, FL, and your jail sheet says: “ICE Notification Required Per Policy.”
First, you should still bond out. If your bond it too high, an experienced criminal defense attorney can represent you at the first appearance (advisory) the day after the arrest to ask for a low bond. Or your attorney can file an emergency bond motion requesting a lower bond.
The time limits for the ICE hold only begin until you actually post bond.
Second, an experienced criminal defense attorney can help you fight the underlying charges for the best result. If you are not a U.S. Citizen, entering a plea to any criminal charge is not a good option. It is much better to get the charges dismissed on the merits.
The criminal defense attorneys at Sammis Law Firm can help you fight the charges. Call 813-250-0500 today.
ICE Holds in Hillsborough County
How does Hillsborough Sheriff Chad Chronister deal with federal immigration officials?
The Hillsborough County Sheriff’s Office (HCSO) reached an agreement with U.S. Immigration and Customs Enforcement (ICE). The agreement applied to holding suspected undocumented immigrants in the jail for up to 48 hours after the inmates would otherwise be eligible for release on their local charges.
The two day time period was intended to give ICE agents enough time to decide whether they wanted to take an immigrant into federal custody for possible violations of civil immigration law.
In 2018, HCSO was one of 17 agencies in Florida taking part in a pilot program. Shortly thereafter, HCSO decided not to participate. The pilot program provided for controversial immigrant detention policies.
Law enforcement agencies have found these these immigration detainer requests challenging because people might be afraid to call HCSO for help if they are worried about their citizenship status.
The ICE detainers have been successfully challenged in court. For example, in 2014, a federal court rulings found that the ICE requests did not give jail operators legal authority to hold inmates after their local charges were resolved.
The court found that the way the ICE holds were being handled violated Fourth Amendment protection against illegal search and seizures. Complying with the ICE holds can leave law enforcement agencies vulnerable to civil rights lawsuits.
In many of these cases, ICE sends the detainer request, a civil arrest warrant, and a booking form. The documents basically transfers custody of the detainees from the local jail to federal immigration authorities. As a result, the jail can claim it is only housing the detainee under the detainer request, the civil arrest warrant, and the booking form.
The Hillsborough County Sheriff’s Office continues to honor ICE detainer requests, but an attorney can help you decide how to deal with the hold and fight the underlying charges.
Contact us to learn more about how immigration issues might impact the criminal defense strategy.
This article was last updated on Friday, March 20, 2020.