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Verified Google ReviewBoard-certified Florida ICE detention attorney representing detainees at Krome, Glades, Baker, Wakulla, and other Florida ICE facilities. We move on bond, parole, habeas, and removal defense within hours. Bilingual EN / ES.
ICE detention is fast, disorienting, and operationally hostile to families who are trying to figure out what just happened. U.S. Immigration and Customs Enforcement can take a person into custody after a traffic stop, a routine check-in, a workplace enforcement action, a transfer from a county jail, or an early-morning home arrest. Within 24 to 72 hours, that person can be transferred from a local jail to a federal contract facility, sometimes hundreds of miles away or out of state. Phone access becomes limited. Court paperwork starts moving on its own schedule. And families who do not know what to do first lose ground quickly.
The single most important thing an immigration detention lawyer does in those first hours is move. Locate the detainee. Confirm the legal basis for the hold. File the right motion first. And start the underlying removal defense in parallel, because no successful detention strategy ignores what happens in court.
Florida has several active federal immigration detention facilities and dozens of county jails that hold detainees on ICE detainers. The largest dedicated facilities include:
ICE sometimes transfers Florida detainees to out-of-state facilities when bed space tightens or when the case is processed through a particular immigration court docket. Ilabaca Law represents detainees held at Florida ICE facilities. If your loved one has already been transferred outside Florida, we can refer you to trusted immigration counsel in the receiving state.
Every ICE detention case turns on which detention statute applies. The same person, with the same immigration history, can have very different options under different statutes:
Authorizes the arrest and detention of noncitizens pending a decision on removal. Most non-mandatory ICE detentions are governed by this section, which allows for bond, conditional parole, or release on the detainee's own recognizance based on flight risk and danger assessment.
Requires the detention without bond of noncitizens with certain criminal histories, including most aggravated felonies, controlled substance offenses, and crimes of moral turpitude. Mandatory detention is the single most important threshold question in a detention case. A misclassification under § 236(c) when bond should be available, or vice versa, changes the entire defense strategy.
Governs detention after a final order of removal during the 90-day removal period. The Supreme Court's decision in Zadvydas v. Davis (2001) limits indefinite detention beyond six months when removal is not reasonably foreseeable. Detainees held past six months after a final order often have habeas corpus options that the system will not flag without a lawyer pushing.
The single most important threshold question in any ICE detention case is whether the detainee is subject to mandatory detention under INA § 236(c) or eligible for bond under INA § 236(a). The answer depends on the detainee's criminal history, immigration history, and the specific deportable or inadmissible charge in their Notice to Appear. A detainee with no qualifying criminal conviction is generally bond-eligible. A detainee with an aggravated felony, controlled substance offense, or two crimes of moral turpitude is generally mandatory-detained, sometimes with arguments available that the conviction does not actually meet the federal definition.
A bond-eligible detainee can ask the Immigration Judge for a bond redetermination at a hearing held promptly after ICE custody begins. The Judge sets bond based on flight risk and danger to the community. Bond amounts can range from a statutory minimum of $1,500 to tens of thousands of dollars in higher-risk cases. The quality of the bond presentation, including community ties evidence, sponsor declarations, family-support records, and a clear release plan, makes a real difference in the bond amount the Judge sets.
ICE routinely transfers detainees from local jails and intake facilities to remote ICE detention centers within the first 48 to 72 hours. The faster a lawyer enters appearance, locates the file, and moves on bond or habeas, the more options remain on the table. Delay is the single biggest threat to a detained immigrant.
The detention defense playbook turns on the same four levers in every case:
First step in every detention case. We use the ICE Online Detainee Locator System and direct field office contacts to confirm where the detainee is held, what charges are listed, and what immigration status they hold.
ICE detention is governed by different statutes (INA § 236 vs § 236(c) vs § 241(a)) depending on the detainee's history. The statute determines whether bond is available, whether mandatory detention applies, and what the path out looks like.
Sometimes the right first move is a bond motion to the Immigration Judge. Sometimes it's a parole request to ICE. Sometimes it's a habeas corpus petition in federal court. The choice depends on the facts and the urgency.
Most detained immigrants face removal proceedings while in custody. A detention strategy that ignores the underlying removal case wins the wrong battle. We build both fronts in parallel from day one.
When bond is not available, two other paths can produce release. ICE parole is a discretionary release granted by ICE itself, used most often for asylum seekers who passed a credible fear interview, for detainees with serious medical conditions, and in certain humanitarian situations. Parole is discretionary, but the standards are written in ICE policy memoranda and well-prepared parole requests with strong supporting evidence are routinely granted.
Federal habeas corpus under 28 USC § 2241 is the remedy when detention itself is unlawful or has exceeded constitutional limits. The most common habeas postures in immigration detention include Zadvydas claims for detainees held more than six months after a final order without reasonably foreseeable removal, Demore challenges to prolonged pre-final-order mandatory detention, and challenges to detention that violates due process or statutory limits. Habeas is a federal-court remedy filed in the district where the detainee is held, and timing it correctly with the immigration court proceedings is its own strategic decision.
Detained immigrants face accelerated removal proceedings. The Detained Master Calendar Hearing typically occurs within 14 to 21 days of the detention, and the Individual Hearing is set on an expedited timeline. Detainees have less time to prepare, less access to records and witnesses, and fewer continuances available than non-detained respondents. The single biggest reason to fight for release is not just the freedom itself but the dramatic improvement in the detainee's ability to mount a real removal defense from outside custody.
Common forms of relief that may be available in removal proceedings include cancellation of removal under INA § 240A, adjustment of status to lawful permanent resident, asylum or withholding of removal, voluntary departure as a fallback, and waivers of inadmissibility or deportability. We evaluate every available form of relief at the detention consultation, because the relief case and the detention strategy move on the same timeline.
ICE detention cases reward speed, accuracy, and a clear strategy from day one. The wrong first move, including missing a bond hearing, failing to file a habeas petition before a transfer, or accepting voluntary departure under pressure, can close doors that no later filing can reopen.
Start your ICE detention pre-evaluation today. Send us the detainee's name, date of birth, country of birth, and last-known custody location, and we will respond within hours.
Every ICE detention case is different. The right response depends on the legal hold, the detainee's history, and the facility. Contact Ilabaca Law for a free, confidential pre-evaluation.
Use the ICE Online Detainee Locator System at locator.ice.gov, which searches by Alien Number (A-Number) or by full name, date of birth, and country of birth. The system updates within 24 to 48 hours of a transfer or release. If the detainee is in initial county jail custody under an ICE hold, the locator may not yet reflect their location, in which case the county sheriff's inmate search and direct calls to the ICE field office are next steps. We do this work in the first phone call from the family.
A county jail holds people on state or local criminal charges. ICE detention holds people on civil immigration charges. The two are different legal systems with different procedures. Many detained immigrants spend their first hours or days in county jail under an ICE hold, then transfer to a dedicated ICE detention facility once the criminal matter resolves or once ICE takes physical custody. The transfer can happen quickly and often without notice to the family. Each setting has its own rules for visitation, communication, and access to counsel.
ICE officers can make warrantless arrests in limited circumstances under INA § 287(a), including when an officer has reason to believe the person is in the U.S. in violation of immigration law and is likely to escape before a warrant can be obtained. However, many ICE arrests do involve a warrant of arrest (Form I-200) or a warrant of removal (Form I-205). The legal standard for a warrantless ICE arrest is different from the criminal arrest standard, and challenges to the legality of a warrantless ICE arrest can sometimes support release on parole or favor in bond proceedings.
There is no fixed maximum. Detention pending removal can last for the duration of the removal proceedings, which can run from weeks to years. After a final removal order, the 90-day "removal period" under INA § 241(a) begins, during which ICE is supposed to physically remove the person. The U.S. Supreme Court's decision in Zadvydas v. Davis generally limits post-final-order detention to about six months when removal is not reasonably foreseeable. Beyond that, federal habeas corpus is often available.
Yes, in most cases. Each ICE facility publishes its own visitation rules, schedule, and ID requirements on the facility's page on the ICE website. Most facilities allow social visits a few days per week with photo ID and advance scheduling. Attorney visits are unscheduled and protected by the right to counsel. Telephone and video contact are also available in most facilities, but generally at the detainee's expense through the facility's contracted phone provider.
Three primary release paths exist. Bond is the most common, set by an Immigration Judge at a Joseph hearing or bond hearing for detainees not subject to mandatory detention. Parole is a discretionary release granted by ICE itself, used most often in humanitarian cases, for asylum seekers who passed credible fear, and in certain medical situations. Habeas corpus is a federal court remedy used when detention itself is unlawful or has exceeded constitutional limits. The right option depends on the detainee's history, charges, and how long they have been detained.
It happens, and when it does it is unlawful. U.S. citizens are not subject to immigration detention under any statute. Cases of U.S. citizens being mistakenly held by ICE have produced significant federal litigation and damages awards. If ICE is holding a U.S. citizen, the response is immediate documentation of citizenship (birth certificate, passport, naturalization certificate) and rapid escalation to ICE leadership, federal court, and where appropriate civil rights litigation.
Yes. Lawful permanent residents can be detained by ICE if a charge of removability is brought against them, most commonly for criminal convictions that fall within the deportable grounds at INA § 237(a). Mandatory detention under INA § 236(c) applies to many green card holders with qualifying criminal histories. Detention of a green card holder is a serious situation that often combines criminal-immigration analysis (so-called crimmigration) with detention strategy. It is one of the highest-stakes case types we handle.
An ICE detainer (Form I-247) is a request from ICE to a local jail asking that the jail hold a person for up to 48 hours past their otherwise scheduled release, so that ICE can take custody. Detainers are requests, not court orders, and the constitutional status of detainer holds has been the subject of significant federal litigation. Whether a jail honors a detainer varies by jurisdiction. Florida law requires honoring detainers under recent state legislation. Understanding the detainer rules in the relevant county is critical to predicting whether and when ICE will physically take custody.
Yes. Under Florida law, state and local law enforcement agencies are required to cooperate with federal immigration enforcement, honor ICE detainers, and participate in the federal 287(g) program where requested. Several Florida sheriffs operate active 287(g) agreements that deputize local officers to perform certain immigration enforcement functions. The result is that an arrest by Florida local law enforcement frequently produces an ICE hold within hours, regardless of the underlying state charge.
Use el localizador en línea de ICE en locator.ice.gov. Puede buscar por número de extranjero (A-Number) o por nombre completo, fecha de nacimiento, y país de nacimiento. El sistema se actualiza dentro de 24 a 48 horas. Si la persona está en una cárcel del condado con una retención de ICE, el localizador puede no reflejar aún su ubicación. En ese caso, la búsqueda del sheriff del condado y llamadas directas a la oficina de campo de ICE son los siguientes pasos. La pre-evaluación gratuita es el primer paso.
Ilabaca Law charges a flat fee for ICE detention representation, scoped to the specific scope of work. The fee depends on whether the case requires bond filings, parole requests, habeas corpus, removal defense, or a combination. Detention cases can move quickly, and the consultation includes a clear written quote covering the immediate scope plus any predictable follow-on work. The free pre-evaluation confirms what the case needs before any retainer is signed.
Krome (Miami-Dade), Glades (Moore Haven), Baker (Macclenny), and Wakulla (Crawfordville).
Whether the detention is at Krome, Glades, Baker, Wakulla, or another Florida ICE facility, the response strategy depends on the next 24 to 72 hours. A board-certified Florida ICE detention lawyer can locate your loved one, identify the legal hold, and move on the right motion today.