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ICE Mandatory-Detention Rule Blocks Bond as Florida Expands 287(g) Arrests

Expanded 287(g) enforcement in Florida has driven thousands of arrests, prompting rights guidance for detainees.

Overview

  • Under the federal mandatory-detention statute, noncitizens with specified convictions are held in custody during removal proceedings and generally cannot seek bond, with only narrow chances to contest applicability before a judge.
  • The rule covers defined categories including crimes involving moral turpitude, multiple convictions totaling at least five years, aggravated felonies, firearm offenses, controlled-substance offenses, prostitution, human trafficking, and terrorism-related activity, and it can apply after admissions of conduct as well as convictions.
  • Florida’s enforcement footprint has surged with 325 active 287(g) agreements reported in September—a 577% increase since January 20, 2025—alongside thousands of arrests since August 1, with the Florida Highway Patrol accounting for 3,888 of 8,581 recorded detentions and large-scale operations such as October’s 10‑day “Operation Retorno Criminal.”
  • Advocacy groups, including ACLU Florida, urge people approached by ICE to state “I am exercising my right to remain silent,” request an attorney immediately, decline to answer questions, and ask to see a judge-signed warrant before allowing entry to a home.
  • Data keep the policy under scrutiny as Axios found 36% of arrests in the Miami field office through June involved people with no criminal charges or convictions, while migrants report informal precautions such as avoiding Spanish-language identifiers and limiting travel to trusted companions.