An ICE Detainer, also known as an immigration hold, is a request from U.S. Immigration and Customs Enforcement (ICE) to local law enforcement agencies. It asks them to notify ICE before releasing an individual from custody, providing extra time—typically 48 hours—for ICE to take the individual into federal custody for potential immigration proceedings. While seemingly straightforward, these detainers can lead to significant consequences for undocumented immigrants, particularly those accused or convicted of crimes.
In Massachusetts, ICE detainers play a critical role in the intersection of local and federal law enforcement efforts. Despite being a state with several sanctuary cities—including Boston, Cambridge, and Somerville—ICE operations remain active, targeting individuals alleged to have committed serious crimes. These operations are often controversial, with local officials emphasizing their commitment to community safety while resisting broader immigration enforcement efforts. For undocumented immigrants facing criminal charges, an ICE detainer can compound the legal challenges they face, increasing the risk of deportation even if charges are dismissed or result in acquittal.
For undocumented individuals, the consequences of an ICE detainer are severe. A detainer can lead to prolonged detention, initiation of removal proceedings, and separation from family members, regardless of whether the individual is convicted of a crime. Even minor offenses can trigger immigration enforcement, as ICE focuses not only on those convicted of serious crimes but also on individuals simply present in the U.S. without lawful status. These circumstances create a precarious situation for undocumented immigrants who may not fully understand their rights or the options available to them.
This is why engaging with an experienced criminal defense attorney who understands the nuances of immigration law is crucial. Defending against criminal charges is only part of the battle—an attorney familiar with ICE detainers can advocate for you at every stage, from challenging the detainer itself to negotiating resolutions that minimize immigration consequences. Don’t face these challenges alone. With the right legal representation, you can better protect your rights, your future, and your family.
If you have been arrested or were charged with a criminal act, obtaining strong legal representation should be your first step. At Dhar Law, LLP, we know that it can be worrying when you or a loved one find yourself in legal trouble, especially if your immigration status is on the line. You should not have to handle these criminal charges on your own. Our experienced and established crimmigration defense attorneys in Boston are here to provide you with the legal representation you deserve.
Contact our office today at 617 880-6155 to speak with our knowledgeable crimmigration lawyers in Boston. Please contact us if you are an undocumented immigrant accused of a crime in Boston, charged with re-entry after removal, harboring illegal aliens or undocumented immigrants
