ICE Detainers and Removal: What Happens After Prison
You finish a prison sentence and walk toward the exit — and ICE officers are already there. A July 2026 ICE announcement out of Washington, DC shows exactly how this happens: a detainer filed years earlier, honored by state corrections, leads directly to removal. For anyone with a criminal record and an open immigration case, this is the process you need to understand.
You served time in a US prison. The day you were released, ICE was waiting. That is exactly what happened in a case announced by ICE on July 13, 2026 — and it shows how immigration detainers can follow someone through the entire criminal justice process.
How ICE Detainers Work
An immigration detainer is a formal request ICE sends to a jail or prison. It asks the facility to notify ICE before releasing a person and to hold them briefly so ICE can take custody. In this case, ICE lodged a detainer with Coffeewood Correctional Center in Virginia after a court sentenced the individual to 30 years for murder and armed robbery. The Virginia Department of Corrections honored the detainer and notified ICE at the time of release. Acting ICE Director David J. Venturella confirmed the agency then took the person into custody under a previously issued final order of removal.
Deportation Defense Checklist — Free
Immigrant rights, appeals and protective measures
A final order of removal means an immigration judge has already decided that a person must leave the United States. Once that order exists, ICE can carry it out at any time — including the moment someone walks out of prison. There is no second hearing required to execute a final order. The person is placed in ICE custody and removal to their home country can happen quickly.
This case also illustrates how long ICE tracks cases. US Border Patrol first apprehended this individual in July 2011 — more than 14 years before his removal. A criminal conviction and a detainer kept the case active through years of incarceration. For anyone with an open immigration case, a criminal record — even an old one — can restart removal proceedings or speed up enforcement of an existing order.
What to do
- If you or a family member has a criminal record and an open immigration case, speak with an immigration attorney immediately. A conviction — even a misdemeanor — can affect your status, green card application, or asylum case.
- If ICE has filed a detainer against you or someone you know, ask the facility for a copy of the detainer form. You have the right to know why you are being held.
- If there is a final order of removal in your case, an immigration lawyer may be able to file a Motion to Reopen within 90 days of the order to present new evidence or changed circumstances.
- If you need to delay removal while your case is reviewed, a lawyer can help you file Form I-246 (a Stay of Deportation request). The filing fee is $155.
Related: our step-by-step guide — “Deportation Defense”.
Fishkin Law Firm, New York
When a final order of removal already exists, ICE does not need a new hearing to deport someone — they can act the moment a person leaves custody. If you have a prior removal order and a criminal conviction, your window to act is narrow: a Motion to Reopen gives you 90 days from the order date, and a Form I-246 Stay of Deportation ($155 fee) may buy time while your attorney prepares a challenge. Do not assume old cases are closed — consult an immigration attorney before any release date.
Frequently Asked Questions
What is an ICE detainer and can I refuse it?
An ICE detainer is a written request to a jail or prison asking them to hold you and notify ICE before releasing you. You cannot personally refuse it — the decision is made by the facility. However, some jurisdictions have 'sanctuary' policies and may not honor detainers. An attorney can advise you on local rules and whether the detainer was issued correctly.
If I have a final order of removal, can I still fight deportation?
Yes, in some cases. You may be able to file a Motion to Reopen your case within 90 days of the final order if you have new evidence, a changed situation, or if your original hearing had legal problems. An immigration attorney can review your case and tell you if this option applies.
How does a criminal conviction affect my green card or immigration status?
Many criminal convictions — including some misdemeanors — can make you deportable or bar you from getting a green card, asylum, or other immigration benefits. The impact depends on the type of crime, when it happened, and your current status. Always tell your immigration attorney about any arrests or convictions, even old ones.
Can ICE arrest me at a prison or jail when I am released?
Yes. ICE regularly coordinates with state and federal prisons to take custody of people with immigration detainers or final removal orders at the moment of release. If you or a family member is nearing a release date and has an open immigration case, contact an attorney as early as possible — ideally months before the release date.