ICE Detainer Filed After Nashville Hit-and-Run Arrest
A hit-and-run crash in downtown Nashville on June 13 injured four pedestrians, two of them in wheelchairs. The driver, a 47-year-old Mexican national named Felipe Alvarado Hernandez, was arrested weeks later — and ICE immediately filed an immigration detainer with the Davidson County Sheriff's Office. The case shows exactly how a local arrest can trigger federal removal proceedings.
What if the arrest that triggers your deportation has nothing to do with immigration — just a local police matter? That is exactly what happened in Nashville. On June 13, a pickup truck drove onto a sidewalk near Demonbreun Street and Music Circle East, striking four pedestrians who were waiting to cross the street. Two of them were in wheelchairs. As of July 29, one victim was still hospitalized at the Vanderbilt University Medical Center Burn Unit.
Investigators say Felipe Alvarado Hernandez, a 47-year-old Mexican national, was behind the wheel. He was arrested at a home in Antioch, where officers also found the truck. According to ICE, Hernandez admitted to driving it the morning of the crash. He now faces multiple charges: reckless endangerment, leaving the scene of an accident, failure to render aid, failure to file an accident report, a financial responsibility violation, and driving with a revoked license.
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How the ICE detainer was triggered
Within hours of the local arrest, ICE New Orleans lodged an immigration detainer with the Davidson County Sheriff's Office. A detainer is a formal request asking the jail to hold a person for up to 48 extra hours after they would otherwise be released, so ICE can take custody and begin removal proceedings. ICE records show Hernandez agreed to removal on January 5, 2004, after Michigan's Roseville Police Department referred him to ICE following an arrest for retail fraud. He later reentered the country illegally — a fact that significantly complicates any immigration defense, since ICE can reinstate a prior removal order without a new court hearing in many cases.
ERO New Orleans acting Field Office Director Scott Ladwig said in a statement that ICE will work with law enforcement partners to ensure people who break laws face consequences. The agency did not specify when or where Hernandez originally entered the country.
What to do
- If you or a family member is arrested locally and you are undocumented or have an open immigration case, contact an immigration attorney before speaking to any officer — local or federal. You have the right to remain silent.
- Ask the jail directly whether an ICE detainer has been filed. Some counties do not honor detainers without a judicial warrant; knowing your county's policy matters.
- If a detainer is filed, an attorney can challenge it in immigration court and review whether a prior removal order can be reopened. The deadline to appeal a removal order is 30 days from the date it is issued.
- Do not ignore removal proceedings. Missing an immigration court hearing almost always results in an automatic removal order issued in your absence.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
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When ICE lodges a detainer, the local jail is asked to hold the person for up to 48 hours beyond their release date so ICE can take custody. That hold is not automatic — some jurisdictions honor detainers, others do not, and courts have found that detainers without a judicial warrant can raise Fourth Amendment issues. If you are held on an ICE detainer, you have the right to remain silent and the right to speak with an attorney before answering any questions. Consult an immigration lawyer as soon as possible after any arrest.
Frequently Asked Questions
What is an ICE detainer and what does it mean for me?
An ICE detainer (also called a Form I-247) is a request ICE sends to a local jail asking them to hold you for up to 48 extra hours after you would normally be released. It means ICE wants to take you into federal custody to start removal proceedings. A detainer is not a deportation order — but it is the first step toward one.
Can ICE deport someone who has only been charged, not convicted?
Yes. ICE can begin removal proceedings based on your immigration status alone, even if criminal charges against you are later dropped. A criminal charge is separate from an immigration case. Both can move forward at the same time.
What happens if someone was previously ordered removed and came back?
Illegal reentry after a removal order is a federal crime. It also means ICE can reinstate the original removal order without a new immigration court hearing in many cases. This makes the situation significantly harder to fight. An immigration attorney can review whether any exceptions apply.
Does a local arrest always lead to an ICE detainer?
Not always. ICE prioritizes people with prior removal orders, criminal histories, or certain immigration violations. However, under current enforcement priorities, ICE has broad authority to lodge detainers after local arrests. If you are undocumented or have an unresolved immigration case, any local arrest carries a real risk of triggering ICE involvement.