ICE Detainers Explained: What Happens If Local Jail Ignores One
You are sitting in a local jail, waiting for bail — and you have no idea that ICE has filed a detainer asking the facility to hold you. In Massachusetts, a case that ended in an arrest on August 6, 2026, shows exactly how detainers work, when local jails ignore them, and what ICE does next. If you or someone you know is in removal proceedings, understanding detainers could be the most urgent thing you read today.
What is an ICE detainer — and why does it matter?
An ICE detainer (officially called Form I-247A) is a written request ICE sends to a local jail or prison. It asks the facility to hold a person for up to 48 extra hours after their scheduled release, so ICE agents can come and take them into immigration custody. Detainers are not arrest warrants. Local governments can — and in many jurisdictions do — choose not to honor them.
On August 6, 2026, ICE Boston arrested Heriton Da Silva Aredes, a Brazilian national with a prior removal order from 2008, in Taunton, Massachusetts. According to ICE, local and state authorities released Aredes on three separate occasions without notifying ICE or holding him on the detainer. The most recent release came on July 25, 2026, after he posted bail following an arraignment on a vehicular homicide charge. ICE then conducted a targeted at-large arrest — meaning agents tracked him down in the community rather than picking him up at a controlled facility.
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ICE Boston acting Field Office Director David Wesling stated that Bristol County Sheriff Paul Heroux declined to cooperate with ICE detainers, citing the sheriff's own public statements. Bristol County's policy reflects a broader pattern in Massachusetts, where state law limits cooperation with federal immigration detainers in many circumstances. At-large arrests — the kind ICE must conduct when jails do not hold people — carry higher risk for everyone involved, including bystanders and the person being arrested.
What this means if you are in removal proceedings
If you have a prior removal order, a criminal record, or both, ICE can file a detainer any time you come into contact with law enforcement — even for a minor traffic stop that leads to a brief detention. Whether the local jail honors that detainer depends on where you are. In sanctuary jurisdictions, the jail may release you; ICE may then conduct an at-large arrest later. In cooperative jurisdictions, you could be transferred directly to ICE custody before you even post bail. Knowing your jurisdiction's policy before any encounter with law enforcement is critical.
What to do
- If you have a prior removal order or pending removal proceedings, talk to an immigration attorney now — before any contact with law enforcement. A lawyer can explain your specific risk level and options, including whether you qualify to reopen your case or apply for relief.
- If ICE files a detainer on you while you are in local custody, you have the right to a bond hearing before an immigration judge. Ask your attorney to request one immediately — do not waive this right without legal advice.
- If you are released from local custody and believe ICE may be looking for you, do not ignore the situation. Lawyers recommend contacting an immigration attorney the same day to understand your options, which may include voluntary surrender under controlled conditions.
- Keep a copy of any immigration court notices, prior orders, or attorney contact information somewhere a trusted family member can access it quickly.
What to do, step by step — see our guide “Appealing to the BIA”.
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A prior removal order combined with any new criminal charge — even a misdemeanor — puts someone at the highest enforcement priority for ICE in 2026. If a detainer has been filed and the local jail is releasing you, that does not mean ICE has dropped the case; it means agents will look for you in the community instead, with far less predictability. Anyone in this situation should consult an immigration attorney immediately to assess whether a motion to reopen removal proceedings or another form of relief is available before an at-large arrest occurs.
Frequently Asked Questions
Can a local jail legally ignore an ICE detainer?
Yes. ICE detainers are requests, not court orders. Many jurisdictions — including parts of Massachusetts — have policies limiting or prohibiting cooperation with immigration detainers. Whether a jail honors one depends on local law and policy.
If I am released from jail without ICE picking me up, does that mean I am safe?
No. ICE can still conduct an at-large arrest after you are released. A detainer being ignored by a local jail does not cancel your removal order or stop ICE from looking for you in the community.
What happens at an ICE bond hearing in immigration court?
An immigration judge decides whether to release you from ICE custody and, if so, how much bond you must pay. You have the right to present evidence and argue why you should be released. Having an attorney at this hearing significantly affects the outcome.
Can I reopen a removal order from years ago?
Possibly. A motion to reopen removal proceedings must generally be filed within 90 days of the original order, but there are exceptions — including if you were not properly notified or if conditions in your home country have changed. An immigration attorney can review your specific case and advise whether reopening is realistic.