ICE Detainer Filed After Texas Arrest: What It Means
You had a removal order filed against you years ago, and you've been living quietly since. A case out of Texas shows that ICE does not forget old orders — and that local sheriff's offices can now help enforce them. Here is what an ICE detainer actually does, and what your options are.
You have a removal order on file — maybe from years ago — and you wonder what happens if local police ever contact ICE about you. A case out of San Saba County, Texas, shows exactly how that process plays out in 2026.
On August 5, 2026, ICE and the San Saba County Sheriff's Office arrested Emiliano Martinez Perez, a 54-year-old Cuban national. He had a final order of removal dating back to February 29, 2000 — more than 26 years ago. He had also been convicted of cocaine possession and drug trafficking, and he illegally reentered the US in Texas in June 2018. He now faces additional criminal charges including kidnapping and unlawful restraint. ICE lodged an immigration detainer against him, meaning federal agents expect local authorities to transfer him to ICE custody once criminal proceedings end.
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The arrest happened through the 287(g) program — a federal partnership that allows local sheriff's offices and police departments to perform certain immigration enforcement functions alongside ICE. The San Saba County Sheriff's Office notified ICE on July 14, 2026, that Martinez Perez had failed to appear for a scheduled court hearing. ICE and the sheriff's office then worked together to locate and arrest him. Acting ICE Director David J. Venturella said the case shows why local-federal partnerships matter for tracking people with outstanding removal orders.
An immigration detainer is a formal request from ICE to a local jail or prison. It asks the facility to hold a person for up to 48 additional hours after they would otherwise be released, so ICE can take them into custody. A detainer alone does not mean someone has been deported — it starts the process of transferring the person to federal immigration custody, where removal proceedings continue.
What this means if you have an old removal order
If you have a final order of removal — even one issued years ago — it does not expire. ICE can act on it at any time, especially if you come into contact with local law enforcement in a jurisdiction that participates in the 287(g) program. Illegal reentry after a removal order is also a federal crime, which adds criminal exposure on top of the immigration case.
What to do
- If you have an old removal order, consult an immigration attorney immediately. Lawyers may be able to file a motion to reopen your case — the deadline is 90 days from the removal order, but exceptions exist for cases that are years old.
- Check whether your county participates in the 287(g) program. ICE publishes a list of 287(g) jurisdictions on its website. If your county is on that list, local police can flag your immigration status during any arrest or booking.
- If ICE lodges a detainer against you, you have the right to a bond hearing before an immigration judge. An attorney can argue for your release while your case proceeds.
- Do not miss any scheduled immigration or criminal court hearings. Failing to appear — as happened in this case — triggers active enforcement action and makes it much harder to fight removal.
What to do, step by step — see our guide “Your Rights During an ICE Encounter”.
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A final order of removal never expires, and illegal reentry after such an order is a federal felony carrying up to two years in prison — separate from the immigration case itself. If a detainer is lodged against you, you retain the right to request a bond hearing before an immigration judge; that hearing is your first real opportunity to argue against detention. Anyone with an old removal order or a prior criminal conviction should speak with an immigration attorney before any contact with law enforcement.
Frequently Asked Questions
What is an ICE detainer and can I fight it?
An ICE detainer is a written request from ICE to a local jail asking them to hold you for up to 48 extra hours after you would normally be released. You can challenge a detainer in court, and you have the right to a bond hearing before an immigration judge. An attorney can file a motion arguing the detainer is unlawful or that you should be released on bond.
Does an old removal order still count if it was issued decades ago?
Yes. A final order of removal does not have an expiration date. ICE can act on it at any time. If you reentered the US after a removal order, that is also a separate federal crime.
What is the 287(g) program and does my local police participate?
The 287(g) program lets local sheriff's offices and police departments perform some immigration enforcement tasks alongside ICE. If your county participates, officers can flag your immigration status when you are arrested or booked. ICE publishes a current list of 287(g) jurisdictions at ice.gov.
What happens if I miss an immigration court hearing?
Missing a hearing usually results in an automatic order of removal issued in your absence — called an 'in absentia' order. It also signals to ICE that you are not complying, which can trigger active enforcement. If you missed a hearing, an attorney may be able to file a motion to reopen your case, but you must act quickly.