Petty Crime, Courthouse Arrests & Deportation Risk in Florida — What You Need to Know

By Barry Taracks, Taracks & Associates

If you’re involved in a minor arrest in Florida, a petty crime, a traffic stop, or showing up at court, you might think the consequences are limited to a misdemeanor or simple case. But the reality: thanks to ICE’s expanding role and local law-enforcement cooperation, even minor arrests and courthouse appearances can become gateways to detainment and deportation.

Here’s what’s happening, why it matters, and what you should do if you or someone you know is in that situation.

What’s Going On?

• In Florida, routine arrests, even for misdemeanors and traffic offenses, have become a “jail-to-deportation” pipeline. For example, one man in Bradenton, Florida was arrested on misdemeanor charges of driving without a license and obstruction, his family posted bond … yet within weeks he was turned over to ICE and deported.
• Local jails partner with ICE detainer requests: when someone is booked, their fingerprint or inmate information is shared with ICE, which can issue a “hold” or detainer and take custody when local charges conclude (or even before).
• Arrests also happen at courthouses or immediately before/after court appearances. ICE agents and cooperating law-enforcement officials have been documented making arrests at courts and waiting outside courtrooms.
• Wrongful detentions are also occurring and then attempted to be covered up. In Florida, U.S. citizens are being detained by ICE despite clear evidence of citizenship. Florida was then found to have scrubbed arrests of U.S. Citizens from Immigration Enforcement data.

Why This Matters

• Small case → huge consequences. What you thought was a minor charge or a routine court date might morph into a removal (deportation) process.
• You may lose the case and your presence. If you’re taken into ICE custody, your criminal or traffic case may proceed without you; bench warrants or default judgments may follow, complicating your record.
• Citizens aren’t always safe. Mistakes happen. Detainers and cooperative enforcement create risks even for U.S. citizens or lawful residents.
• Fear or lack of trust in courts. Immigrant communities may avoid court appearances, or fail to attend required hearings, fearing ICE action, which leads to worse outcomes for everyone.
• Legal complexity. Defense attorneys require navigating both criminal (or traffic) defense and immigration/detention risk, two systems overlapping.

Key Legal Considerations

• Detainers vs. warrants: ICE detainers ask local jails to hold someone beyond scheduled release so ICE can assume custody. They are controversial and subject to constitutional challenge.
• Court appearances and risk of arrest: Showing up for court doesn’t guarantee safety from ICE; arrests outside courtrooms have been documented.
• Immigration status & defense: Just because you’re only facing a misdemeanor doesn’t mean removal risk is absent. Your immigration status (documents, history, prior arrests, etc.) matters.
• Defense coordination: Your criminal defense team and immigration lawyer should work together so that criminal plea decisions, bail decisions, court attendance align with your immigration exposure.
• Records, pleas & admissions: Any plea or admission in a criminal case may have immigration consequences. Handling these with foresight is critical.

What You Should Do If You’re In This Situation

1. Inform your criminal case lawyer of your immigration status (or potential risk) immediately. Don’t assume “it’s just a traffic case.”
2. Ask about bail/bond strategy: In some cases, posting bail may lead to transfer to ICE custody and a strong defense strategy will consider whether immediate bond is wise given the risk.
3. Never skip court: Attending court shows you are complying, but be aware of ICE risk — your representation should plan for possible ICE involvement.
4. Get an immigration lawyer involved early: Even before the criminal/traffic case is resolved, you may need proactive immigration defense planning.
5. Keep documentation: Arrest records, bond receipts, jail transfer info, all matter if you or your attorney need to prove procedural violations, detainer issues, or wrongful arrest.
6. Know your rights: Whether you’re a U.S. citizen, lawful resident, or undocumented, you have constitutional protections (e.g., Fourth Amendment). Local jails and law-enforcement agencies cannot blindly transfer you to ICE without cause.

Why Choose Taracks & Associates

At Taracks & Associates, we understand that for many clients, a criminal or traffic charge is not just about fines or jail, it’s about your status, your driver’s license, your ability to stay in the U.S., your family’s lives. Barry Taracks personally brings together experience in criminal defense and an understanding of how immigration consequences may play out in Florida. We will:

• Thoroughly assess how the arrest, jail booking, bond, and any detainer or ICE hold play into your wider exposure.
• Coordinate with immigration counsel when needed, ensuring your criminal defense doesn’t undermine your immigration safety.
• Aggressively defend rights at each step: bail hearings, correct representation at court, challenge detainers or improper holds.
• Keep you informed, even when the case is complex. No sugar-coating: you deserve clarity on both criminal and immigration risks.

If you or someone you know has been arrested in Florida, especially around the courthouse, or is worried about ICE involvement after a petty charge — don’t wait. Time matters. Early intervention can prevent a small case from cascading into removal.

Call Taracks & Associates today at (813) 281-2897 or online for a free consultation. Let us help you protect your record and your status. You deserve representation that sees the full picture and doesn’t let one side of the law ignore the other.