One of the most common fears among immigrants facing criminal charges is whether ICE will get involved. Even when charges are minor—or eventually dismissed—many people are shocked to learn that immigration enforcement can still take action.
Understanding ICE detainers and how they work in Texas is essential for protecting yourself and your family.
What Is an ICE Detainer?
An ICE detainer (also called an immigration hold) is a request from Immigration and Customs Enforcement asking a local jail to:
-
Notify ICE before releasing someone
-
Hold the person for up to 48 hours after release
Detainers are often issued before a criminal case is resolved and do not require a conviction.
How ICE Learns About Arrests
When someone is booked into jail in Texas, fingerprints are shared with federal databases. This means ICE may become aware of an arrest almost immediately—regardless of immigration status or the severity of the charge.
Can ICE Detain Me If My Case Is Dismissed?
Yes. Immigration enforcement is separate from criminal court outcomes. ICE may:
-
Initiate removal proceedings
-
Transfer someone to immigration detention
-
Require bond hearings in immigration court
This is why early legal intervention is critical.
Who Is Most at Risk of an ICE Detainer?
ICE detainers are more likely when:
-
The person has prior convictions
-
The charge involves violence or drugs
-
There is a prior deportation order
-
The person is undocumented or out of status
However, even people with legal status can face immigration consequences depending on the charge.
Your Rights If ICE Is Involved
Regardless of status, you have rights:
-
The right to remain silent
-
The right to an attorney
-
The right to refuse to answer immigration questions
-
The right to due process
You are not required to discuss your country of origin or immigration history with police.
How a Lawyer Can Help Prevent ICE Involvement
A lawyer experienced in both criminal defense and immigration law can:
-
Fight to avoid ICE holds
-
Negotiate charges with immigration impact in mind
-
Work toward release before ICE transfer
-
Coordinate criminal and immigration strategies
Many immigration cases become harder—or impossible—because of mistakes made early in criminal court.
What Families Should Do Immediately
If a loved one has been arrested:
-
Do not sign documents without legal advice
-
Do not assume release from jail ends the problem
-
Contact a bilingual attorney immediately
Help for Immigrant Families in Texas
Facing ICE involvement is frightening, but legal guidance at the right time can protect your future and keep families together.
Call Peek Law Group at (512) 474-4445 for trusted, bilingual legal help in Austin and San Antonio.
