Category: Immigration Law · Statute: 8 U.S.C. § 1357 · Source: Florida Legislature
Understanding ICE Hold / Detainer in Florida
An ICE hold, officially known as an immigration detainer (Department of Homeland Security Form I-247), is a formal request issued by federal immigration authorities to a local Florida jail. This request asks the jail to notify Immigration and Customs Enforcement (ICE) before an inmate is released and to maintain custody of the individual for up to 48 hours (excluding weekends and federal holidays) beyond their scheduled release date. This brief window allows federal agents time to arrive at the local facility and transfer the individual into federal custody for potential deportation proceedings.
In Florida, the enforcement of these detainers is heavily influenced by state law. Under Chapter 908 of the Florida Statutes, local law enforcement agencies and county jails are legally mandated to cooperate with federal immigration enforcement. This means Florida jail administrators are required by state policy to honor ICE detainers and actively coordinate with federal agents, making the automatic transfer of custody a standard practice across all county booking facilities once local criminal charges are resolved.
How an ICE Detainer Affects Florida Bail
When an individual has an active ICE hold, posting a Florida bail bond will secure their release from the local county jail, but it will not allow them to go home. Instead, posting bail immediately triggers the 48-hour federal detainer window, resulting in the jail transferring the individual directly into ICE custody. Families must carefully weigh the financial cost of posting a state bail bond when the defendant is highly likely to be immediately moved to a federal immigration detention facility.