If you or a loved one have been arrested in Harris County, Texas, you may be concerned about the possibility of an immigration hold, also known as an “ICE hold.” Immigration holds can be confusing and frightening for individuals who are not U.S. citizens or lawful permanent residents. I,  Eric Benavides, as a criminal defense lawyer in Houston has seen how an immigration hold can complicate matters for clients and their families. It’s essential to understand what immigration holds are, how they affect your case, and what options are available to you if you find yourself facing one.

In this blog, I’ll walk you through the basics of immigration holds in Harris County, TX, explaining what they are, why they happen, and what steps you can take to address them. The goal is to help you better understand your legal rights and options in this complicated area of law.

What is an Immigration “ICE” Hold?

An immigration hold occurs when U.S. Immigration and Customs Enforcement (ICE) asks a local law enforcement agency, like the Harris County Sheriff’s Office, to detain someone beyond the time they would normally be released from custody. This detention is usually based on the individual’s immigration status and may be placed if ICE suspects that the person is in the U.S. unlawfully or is a legal immigrant facing deportation.

When a person is arrested in Harris County, their information is typically sent to federal agencies, including ICE. If ICE has an interest in that individual due to their immigration status, they may issue an immigration hold, also known as a «detainer” or an “ICE hold”.  This hold means that once the individual is released from the criminal justice system (either after posting bond or completing their sentence), they will be handed over to ICE for possible deportation proceedings.

The immigration hold can be triggered by various factors, such as:

  • The person being in the U.S. illegally.
  • The person being convicted of a crime that makes them eligible for deportation.
  • A past history of deportation orders or immigration violations.
  • Being accused of a serious crime which could result in deportation if convicted (and they believe the person may be a flight risk).

It’s important to note that an immigration hold is separate from any criminal charges or bail bond process you may be going through. Even if you post bond for your criminal charges, the immigration hold may keep you in custody longer if ICE intends to take you into their custody.

How Does the Immigration Hold Process Work in Harris County?

Here’s how the immigration hold process typically unfolds in Harris County:

  1. Arrest and Detention: If you are arrested in Harris County, the booking process will include a routine check of your background and immigration status. This information is then forwarded to federal authorities, including ICE, who may decide to issue an immigration hold based on your status.
  2. ICE Detainer Issuance: Once ICE becomes aware of your case, they may issue a detainer or «immigration hold» requesting that local law enforcement hold you for up to 48 hours beyond your release date. This gives ICE time to evaluate your immigration status and decide whether they want to take you into their custody.
  3. Release and Transfer to ICE: If ICE decides to take action, once you are released from the Harris County Jail, they can take you into their custody. If you were being held on criminal charges, the immigration hold could extend your detention, even if your criminal case is resolved and you were eligible for release.
  4. Deportation Proceedings: If ICE takes custody of you, they will initiate deportation proceedings. This may involve a hearing before an immigration judge, where you will have the opportunity to present a case for why you should not be deported. It’s also possible that ICE may release you while your case is pending, depending on the circumstances.

**IMPORTANT: One of the biggest issues we see in Harris County is individuals bonding out after they get an ICE hold placed on them.  This can happen two ways:

  1. An accused can be given a Personal “PR” Bond. A personal bond is essentially a “free bond” where a judge allows someone to leave custody automatically without paying any money under a promise that the accused will show up to court.  The problem for individuals who have ICE holds is that if a PR bond is granted, that person MUST be released from Harris County.  But because they have an ICE hold, immigration typically enters at the time of release and takes them to immigration.  This can cause issues on the case, as sometimes the accused can be bounced back and forth from Immigration to Harris County without any resolution to either case.  It is important to have a Criminal Lawyer who understands what needs to be done in this situation to make sure the cases are handled timely, and successfully.
  2. An accused can pay a cash bond. If your family member has a bond, and you pay it, they will be released.  But if they have an immigration hold, they will also be taken to immigration and the same problems as above may occur.  Sometimes it is best to NOT PAY THE BOND.  This allows the person to stay in Harris County while the case is pending, and allow the person to “finish” their case.  It is typically much better to be sent to Immigration after your case is completed (especially if you win!)

Impact of Immigration Holds on Criminal Defense Cases

The presence of an immigration hold in Harris County can have serious consequences for anyone involved in the criminal justice system, particularly for non-citizens. Here are a few ways that immigration holds can affect criminal defense cases:

  1. Lengthened Detention Time

One of the most immediate effects of an immigration or “ICE hold” is that it can extend the amount of time a person spends in jail. Even if someone is eligible for release after paying bail or completing a sentence, the immigration hold can delay their release as they wait to be transferred to ICE custody.

This can be especially problematic for people who are ready to return to their families or begin making arrangements for their defense. The extended detention can also lead to missed opportunities, such as missing a court date for the criminal case or losing a chance to negotiate a more favorable plea agreement.

  1. Deportation Risk

For individuals who are in the U.S. without proper documentation or who have violated immigration laws, an immigration hold increases the risk of deportation. If ICE decides to take custody of the individual, they will begin the process of deportation, which could result in the person being sent back to their home country.

For those who have been living in the U.S. for a long period or have family here, deportation can be a traumatic and life-changing event. It may result in separation from family members, job loss, and other significant consequences. Deportation can also have long-term effects on your ability to return to the U.S. in the future.

  1. Impact on Plea Negotiations

If a person facing criminal charges has an ICE hold, it can affect plea negotiations. Criminal defense attorneys often work to negotiate a plea deal that reduces charges or minimizes jail time. However, the presence of an immigration hold can complicate these negotiations because the possibility of deportation must be considered.

Even a minor criminal conviction can lead to deportation for non-citizens, especially if the crime is classified as a deportable offense under U.S. immigration law. Your defense attorney will need to carefully navigate these complexities to avoid a conviction that could result in your removal from the U.S.

Additionally, there are some plea deals that are not available to individuals that are in custody.  One of the main deals is a Pre-Trial Intervention (sometimes known as Pre-Trial Diversion).  This is a special type of program that allows people to do things to “earn” a dismissal.  Some examples of things people do on these programs are:

  • Community Service
  • In-Person Classes
  • Online Classes
  • Therapy Sessions
  • Drug Treatment Counseling
  • Weekly Drug Tests

If you are in jail, you cannot go to classes, group sessions, therapy, community service, etc.  So you lose out on a great option that you may have had if you were not in jail.  A prosecutor, even if they wanted to give someone the benefit of a pre-trial intervention typically have their hands tied.  Their only options to “punish” someone if they are in jail is with a jail or pronation sentence.  Both of those options are convictions for purposes of immigration and would negatively impact someone who is not a US citizen.

With respect to probation, that is also an issue.  If someone is in jail with an ICE hold and has an offer of 2 years in prison, or 2 years on probation, usually they want probation.  But if that person signs for probation while they have an ICE hold they will likely never get the opportunity to do their probation.  Upon release from jail, after the guilty plea, the individual will be transfer to an Immigration jail where they will be placed in deportation proceedings.  If they are deported, it causes an additional issue…they will have a new warrant for a “Probation Violation”.

The moment someone fails to show up for probation they will be deemed an “absconder”, and a warrant will be filed.  This person will have the warrant for the rest of their lives.  It becomes an issue, because that will likely be a barrier to the individual ever returning legally to the United States.  Even if there is somehow a possibility in the future for that person to adjust their status, the warrant will follow them for life.

For this reason, if someone is guilty it is sometimes best for an accused to accept a jail time offer over probation if they can complete their sentence.  For example, if someone is given a sentence of 6 months in jail, and serves the 6 months in jail, there is no warrant and the case is closed.

On the other hand, it may be in an accused best interest to fight the case all the way to trial.  It is always better to “win” a case and get a dismissal or acquittal over being convicted.  If there is any hope of success, a trial may be a better option.

With that said, it may not always be smart to go to trial.  If someone is facing a range of punishment of 2-20 years in prison and the pre-trial offer is 2 years, there is a risk of a significantly longer sentence if they lose their trial.  An assessment of the evidence in the case must be made by the Attorney and Client, and a decision must be made.

  1. Mental Health Concerns

As an experienced Criminal Defense Lawyer who speaks Spanish in Houston, I have had many clients who are detained with ICE Holds.  One of the most common things I see is how people detained want to quit after being in jail.  For some, their breaking point is a few days, others weeks, but there is almost always a point where the person wants to “just be deported”.

As an Attorney, my job is to relay reality, and help make an assessment of what the likely outcomes are.  I have had clients that I recommend plea guilty quickly to avoid prolonging the inevitable.  And others who I beg to hang in there when I know our chances of success are high.

I always tell my clients that my job is to protect them not from the short term consequences of a case, but from the consequences that will follow them for the next 40-50 years.

  1. Post-Conviction Consequences

For individuals convicted of a crime, an immigration hold can extend the legal challenges they face. Even after serving time for their criminal offense, the individual may be transferred to ICE custody to face deportation proceedings. This can mean additional legal battles and delays in returning home or resuming life in the U.S.

Will I get out if I “Win” and my case is dismissed or if I get found “Not Guilty”

This is a question that I get a lot that is extremely hard to answer.  The honest answer is “I don’t know”.  I have had clients who win their case and immigration decides to lift the hold.  And I have had others who win their case and still get sent to immigration.

The bottom line is, if you are not legal in this country, Immigration could attempt to deport you for that reason, even if you do not have a criminal record.

In addition, with changing political landscapes comes changing orders.  It is hard to say what Immigration officers are being instructed to do on a weekly basis.  As an Attorney, all I can do is explain to my clients what I have been seeing recently, but there is no possible way I could ever make a promise as to an outcome.

What Are Your Options When Facing an Immigration Hold?

If you find yourself facing an immigration hold in Harris County, TX, it’s important to understand your options and seek professional legal help. Here are a few potential strategies that may be available:

  1. Challenging the Hold

In some extremely rare cases, your attorney may be able to challenge the immigration hold itself. This could involve questioning whether the detainer was properly issued or whether ICE has the legal authority to hold you in custody.  The most common example is someone receiving an ICE hold when they are a United States Citizen.   If successful, this could result in the removal of the hold and your release from custody.

  1. Negotiating with ICE

If ICE has placed a detainer on you, you may be able to hire an Immigration Attorney to work with ICE to negotiate your release if you are sent to an Immigration Detention Center.  For example, your attorney may be able to arrange a court date with an Immigratio Judge and ask for a bond hearing with ICE so you can be released.

**Note: To get released, you would need to have separate bonds in Harris County (or whatever county the criminal case is in) and in Immigration.  Additionally, both bonds would need to be paid.**

  1. Fighting Deportation

If ICE takes you into custody and initiates deportation proceedings, your Immigration attorney will help you fight the deportation. This could involve presenting evidence in front of an immigration judge to argue that you should be allowed to stay in the U.S. It may also include applying for various forms of relief, such as asylum or cancellation of removal, depending on the facts of your case.

  1. Voluntary Departure

In some cases, individuals facing deportation may be able to request voluntary departure, which allows them to leave the U.S. on their own terms, rather than being formally deported. While this may not be an option for everyone, it can be an important tool for certain individuals who want to avoid the long-term consequences of a formal deportation order.  Your immigration lawyer would be able to explain these options in more detail.  But remember, it is extremely important to finish your criminal case before leaving the country.  If you do not finish your case, there will be a warrant for your arrest which would be a barrier to returning to the United States.

Call Eric Benavides with Benavides Law Group

Facing an immigration hold in Harris County, TX, can be a stressful and confusing experience. As a criminal defense lawyer, I always emphasize to my clients the importance of understanding their rights and options when it comes to immigration holds.  If you’re facing criminal charges and you’re a non-citizen with an ICE  hold placed on you, it’s essential to have experienced legal representation by your side to navigate these challenges effectively.

If you or a loved one are facing criminal charges or an immigration hold in Houston, don’t hesitate to reach out for help at 713-222-2828.  As a criminal lawyer with many years of experience representing individuals with ICE holds, I can work with you to address both the criminal and immigration aspects of your case and fight for the best possible outcome. Your future in the U.S. may depend on the steps you take today, so make sure to take action and secure professional legal counsel.