ICE urges Florida authorities not to release noncitizen charged in 3-year-old’s death; detainer filed
Key Takeaways
- DHS says ICE has asked Florida local authorities not to release a noncitizen charged with aggravated manslaughter in the death of his 3-year-old nephew.
- ICE lodged an immigration detainer, a civil request that asks jails to hold a person up to 48 hours after local release and notify ICE for transfer.
- Detainers are requests, not court orders, but Florida law generally directs local agencies to cooperate with federal immigration enforcement.
- If the detainer is honored, the individual could be transferred to ICE custody and placed in removal proceedings; if not, ICE may attempt a separate arrest.
- Noncitizens in Florida facing serious criminal charges should expect close coordination between jails and ICE and should consult both criminal and immigration counsel.
DHS says ICE has lodged a detainer and urged no release
U.S. Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security (DHS), has asked local authorities in Florida not to release a noncitizen who is charged with aggravated manslaughter in the death of his 3-year-old nephew, according to a DHS announcement. The agency says it has lodged an immigration detainer and is seeking to take custody if the individual is released from local criminal custody. The charge is an allegation; the individual is presumed innocent unless and until proven guilty in court.
How immigration detainers work—and Florida’s cooperation stance
An ICE detainer (often filed on Form I-247A) is a civil request to a jail or prison to: (1) notify ICE before release and (2) hold the person for up to 48 hours beyond the time they would otherwise be released, so ICE can assume custody. Detainers are not judicial warrants and are not legally mandatory under federal law, though many jurisdictions honor them—especially in cases involving serious public safety concerns. Florida statutes direct state and local agencies to “use best efforts” to cooperate with federal immigration enforcement, which typically results in honoring detainers, but the precise response can vary by county and case.
What this means for immigrants in the criminal system now
For noncitizens in Florida with pending criminal charges—particularly serious felonies—ICE involvement can be swift. If a detainer is honored, the person may move directly from local jail to ICE custody, where removal (deportation) proceedings can begin while the criminal case continues. That can affect bond decisions, access to counsel, and family stability. If a detainer is not honored, ICE may seek to make an at-large arrest after release. Anyone in this situation should consult both a criminal defense attorney and an immigration lawyer immediately to assess risks, potential defenses (such as eligibility for bond, asylum, or other relief), and the interplay between criminal proceedings and immigration consequences.
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