ICE Detainer After Arrest: What It Means for You
You are sitting in a Nashville jail after an arrest — and before you can even think about bail, a deputy tells you ICE has placed a detainer on your name. In a case that made headlines this week, that is exactly what happened to a 47-year-old Mexican national arrested after a hit-and-run crash injured four pedestrians. The detainer process that followed shows how quickly a local arrest can turn into removal proceedings.
You got arrested — maybe for something minor, maybe for something serious. Before you even post bail, a sheriff's deputy tells you ICE has placed a "detainer" on you. That single word can change everything about what happens next.
That scenario played out in Nashville on August 18, 2026, when ICE New Orleans lodged an immigration detainer with the Davidson County Sheriff's Office after the arrest of Felipe Alvarado Hernandez, a 47-year-old Mexican national. Hernandez faces multiple criminal charges — including reckless endangerment and driving with a revoked license — after a pickup truck he allegedly drove struck four pedestrians, including two in wheelchairs, near Demonbreun Street on June 13. As of July 29, one victim remained hospitalized at Vanderbilt University Medical Center's Burn Unit. ICE records show Hernandez had previously agreed to removal in 2004 after a Michigan arrest and later reentered the country without authorization.
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What Is an ICE Detainer?
An ICE detainer — formally called a Form I-247A — is a written request ICE sends to a local jail or sheriff's office. It asks the facility to hold you for up to 48 extra hours after you would otherwise be released, so ICE agents can come pick you up and begin removal proceedings. A detainer is not a deportation order. It is a request, not a court order. But in practice, many counties comply, and that 48-hour window can be the start of a much longer process inside an immigration detention facility.
ICE Acting Field Office Director Scott Ladwig of the ERO New Orleans office confirmed the detainer in this case, stating that ICE works with law enforcement partners when individuals break laws and endanger communities. Under current administration policy, ICE has stated it is prioritizing individuals with prior removal orders and criminal records — both of which applied here. A prior removal order, like the one Hernandez agreed to in 2004, can dramatically speed up the deportation process because immigration courts may reinstate the original order without a full new hearing.
What to Do If ICE Places a Detainer on You
- Contact an immigration lawyer immediately — before you speak to ICE agents. You have the right to remain silent and the right to consult an attorney. Lawyers recommend saying nothing about your immigration history until you have legal representation.
- Ask the jail whether your county has a policy on honoring ICE detainers. Some jurisdictions limit cooperation with ICE; knowing your county's policy can affect your options.
- If you have a prior removal order, tell your lawyer right away. A reinstated removal order moves faster than a new case — your attorney may need to file an emergency motion to reopen your case. The deadline to appeal a removal order is 30 days from the date it is issued.
- If you are released before ICE arrives, do not ignore any notices. Missing an immigration court hearing almost always results in an automatic removal order issued in your absence.
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A prior removal order is one of the most dangerous things to have on your record when you are arrested. ICE can reinstate it without going back to immigration court, which means you lose the chance for a full hearing. If you have ever signed a voluntary departure agreement or been ordered removed — even decades ago — tell your attorney before you say anything else. An experienced immigration lawyer may be able to file a motion to reopen or identify relief you did not know you had, but the window to act is short: the appeal deadline on a removal order is 30 days.
Frequently Asked Questions
Can ICE arrest me just because a local jail got a detainer request?
A detainer is a request, not a court order. It asks the jail to hold you up to 48 extra hours so ICE can pick you up. Whether the jail complies depends on local policy. Some counties limit cooperation with ICE. But if ICE does arrive, they can take you into immigration custody and begin removal proceedings.
What happens if I had a removal order years ago and came back?
ICE can reinstate your original removal order without a full new immigration court hearing. This is called "reinstatement of removal." It moves much faster than a new case. Your options are limited but may include applying for withholding of removal or protection under the Convention Against Torture — talk to a lawyer immediately.
Do I have the right to a lawyer if ICE detains me?
Yes. You have the right to hire an immigration attorney at your own expense. The government does not have to provide one for free in immigration cases (unlike criminal cases). You also have the right to remain silent. Lawyers strongly recommend not discussing your immigration history with ICE agents before speaking with an attorney.
How long can ICE hold me after a detainer is placed?
The detainer itself asks the jail to hold you for up to 48 hours beyond your scheduled release. After ICE takes custody, you can be held in an immigration detention facility while your case moves through immigration court — that process can take weeks or months depending on your situation and whether you have a prior order.