ICE Arrests After Jail Ignores Detainer: Know Your Rights
A county jail in Maryland declined to hold two people for ICE — so agents arrested them on the street instead. ICE's August 2026 statement makes the agency's position clear: when local jails don't cooperate, enforcement moves into the community. That shift affects everyone in the area, not just the people ICE is looking for.
What if ICE cannot arrest someone inside a jail — where does that arrest happen instead? The answer, according to ICE's own August 2026 statement, is in the community: during traffic stops, outside homes, or in public spaces near you.
In July 2026, ICE Enforcement and Removal Operations Baltimore announced it had conducted targeted street arrests in Upper Marlboro, Maryland, after Prince George's County Detention Center declined to honor ICE detainers — formal requests that a jail hold a person for immigration authorities before releasing them. ICE said the county released two individuals facing criminal charges without notifying immigration agents. ERO Washington Field Office Director Robert Guadian stated publicly: "By choosing not to honor ICE detainers, county jails give us no option but to conduct more arrests in the community rather than in the safe and controlled environment of a jail."
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Immigrant rights, appeals and protective measures
What sanctuary policies actually mean for enforcement
A sanctuary policy does not make someone immune from immigration enforcement. It means the local jail will not do ICE's work for them. ICE can — and does — still pursue removal proceedings independently. When a county declines to hold someone on an ICE detainer, agents shift their operations outside the jail. That means enforcement activity increases in neighborhoods, on roads, and near courthouses. For immigrants in those areas, the practical risk of an encounter with ICE agents rises, regardless of their own legal status.
Both individuals arrested in this case are now in ICE custody and face removal proceedings. Under federal immigration law, a person in removal proceedings has the right to appear before an immigration judge, present a defense, and appeal a removal order within 30 days of the judge's decision. An immigration bond hearing may also be available, depending on the individual's history and the charges against them.
What to do
- If you live in an area where ICE is conducting community enforcement operations, carry copies of any valid immigration documents you have — a visa, work permit (EAD), or proof of a pending application.
- Know your rights during a vehicle stop: you are not required to answer questions about your immigration status. You have the right to remain silent and to ask if you are free to go.
- If ICE arrests you or someone you know, contact an immigration lawyer immediately. A removal order can be appealed within 30 days, and missing that window closes most legal options.
- If you have a pending immigration case — asylum application, green card application, or TPS renewal — tell your attorney about any police contact right away, even if no charges were filed.
A full breakdown of this topic — in our guide “Bond Hearing: How to Get Released”.
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When ICE shifts from jail-based arrests to community operations, the risk of incidental encounters rises for immigrants with valid status too. If agents approach you during a vehicle stop, you have a Fourth Amendment right against unreasonable searches — do not consent to a search and do not answer immigration questions without an attorney present. Anyone currently in removal proceedings should make sure their attorney knows their county of residence, because enforcement patterns vary significantly by jurisdiction. Consult an immigration attorney before any interaction with law enforcement if you have an open immigration case.
Frequently Asked Questions
What is an ICE detainer and can a jail ignore it?
An ICE detainer is a written request asking a jail to hold someone for up to 48 hours after their scheduled release so ICE can take custody. Detainers are voluntary requests, not court orders. Some counties and cities — under so-called sanctuary policies — choose not to honor them. ICE can still pursue the person independently after release.
If I live in a sanctuary city, am I protected from deportation?
No. A sanctuary policy limits how much local police cooperate with ICE, but it does not stop federal immigration enforcement. ICE can still arrest, detain, and deport people in sanctuary jurisdictions — it just has to do so without local jail assistance, which often means community-based operations.
What are my rights if ICE stops me in my car or on the street?
You have the right to remain silent. You are not required to answer questions about where you were born or your immigration status. You can ask clearly: 'Am I free to go?' Do not physically resist. If you are arrested, say you want to speak to a lawyer before answering any questions.
How long do I have to appeal a deportation order?
You have 30 days from the date an immigration judge issues a removal order to file an appeal with the Board of Immigration Appeals (BIA). Missing this deadline is very hard to overcome. If you cannot afford a lawyer, contact a nonprofit immigration legal services organization in your area as soon as possible.