An ICE arrest detainer (Form I-247/I-247A) is an administrative request that asks a jail to (a) notify ICE before releasing a person and/or (b) hold the person up to 48 hours beyond release to allow ICE to assume custody. It is not itself a warrant and does not by federal law obligate local jails to detain someone; compliance is governed by state/local law and court rulings have held detainers are requests, not mandatory orders. Courts and settlements also restrict how and when detainers may be used (e.g., requiring neutral review and raising Fourth Amendment concerns).
Battery in Florida is defined at Fla. Stat. §784.03: intentionally touching or striking another or intentionally causing bodily harm; ordinary battery is a first-degree misdemeanor, but prior convictions or aggravating circumstances can elevate it to felony. “Culpable negligence” is defined in Fla. Stat. §784.05: negligently exposing or inflicting injury; punishments vary by degree (second-degree misdemeanor up to first-degree misdemeanor or third-degree felony in certain cases). Penalties reference Florida’s general sentencing statutes (e.g., §§775.082–.084) — misdemeanors carry jail/fines and felonies carry prison terms by degree. Exact exposure depends on facts (injury severity, priors).
ICE/DHS verify immigration status using agency immigration databases and biometric checks (fingerprints/biometric comparisons) against DHS systems (e.g., IDENT/IAFIS, TECS, ENFORCE/IDENT), records from CBP/USCIS/ICE, and any available travel/entry documents; if an encounter suggests removability, ICE may issue a detainer or arrest with charging documents. Courts have criticized reliance on error-prone databases, and litigation (e.g., Gonzalez v. ICE) and settlements require additional safeguards, including neutral review, before detentions based solely on database records.
The VOICE Office (Victims Of Immigration Crime Engagement) provides crisis support, information on government resources, case status updates, referrals to victim services, and liaison assistance to victims of crimes involving noncitizen offenders; victims can contact VOICE by phone at the number listed in the DHS release (1‑855‑488‑6423) or via the VOICE page on DHS/ICE for more information and referrals.
Miami-Dade County’s formal policy: Miami-Dade County Corrections and local city law enforcement have varied practices; as of recent policies, Miami-Dade does not operate under a blanket mandatory detainer requirement and compliance is influenced by state law and county directives. Practices vary and local agencies sometimes notify ICE but do not always hold detainees beyond release; empirical ‘honor’ rates fluctuate. (Specific up-to-date local policy statements or statistics on how frequently detainers are honored in Miami‑Dade are not publicly centralized here.)
An ICE detainer itself does not automatically start formal deportation (removal) proceedings. Detainers are a tool to facilitate transfer to federal immigration custody; ICE may then arrest the person and initiate removal proceedings by issuing charging documents (like a Notice to Appear) or arresting under INA authorities (8 U.S.C. §1226/§1227); the person then has immigration court process rights (bond hearings, merits hearings) depending on circumstances.