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What Legal Actions to Take If ICE Detains You in Florida

Wednesday, January 28, 2026 by Oscar Guevara

In Florida, immigrants who find themselves detained by the Immigration and Customs Enforcement (ICE) must swiftly engage in a series of crucial legal steps to navigate the process and secure their release as soon as possible.

Immigration attorney Ismael Labrador shared in an interview with journalist Mario J. Pentón that the initial phase following a detention typically involves the individual's transfer to a temporary center, often located in Miramar.

After this, the detainee might be moved to a transitional detention facility, colloquially referred to by migrants as "Alligator Alcatraz," or to the Broward center. From these locations, detainees are usually transferred to another facility where they may remain in custody for a longer duration.

"The first step is to request bail, although it's likely to be denied, as they are not granting them," Labrador pointed out.

He further emphasized, "Following that, one should file for habeas corpus, a petition for release before the Federal Court. Concurrently, it's essential to combat the deportation case, which involves defending against deportation within the United States. These proceedings should be pursued simultaneously."

The attorney also cautioned that these processes should be initiated without delay, as procrastination can lead to complications with judicial deadlines.

"The Federal Court's response could be delayed, posing a problem for obtaining release. It's imperative to seek a lawyer who can handle all necessary proceedings immediately," he advised.

Labrador concluded by noting that detentions might extend for over a month before immigrants achieve release, underscoring the critical need for prompt action and specialized legal counsel.

Legal Guidance for ICE Detentions in Florida

What should be the first legal step if detained by ICE in Florida?

The initial step is to request bail, although it is often denied. Subsequently, filing for habeas corpus with the Federal Court is crucial.

Why is it important to act quickly after ICE detention?

Delays in taking action can lead to complications with judicial deadlines, and the Federal Court may take time to respond, delaying release.

How long can detentions last before release is possible?

Detentions can extend for over a month before immigrants might be released, highlighting the need for quick action and legal assistance.

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