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Can ICE Place a Hold After a DUI Arrest in Cook County, Illinois?
A Chicago Criminal Defense Lawyer Explains How Immigration and DUI Law Intersect
When you’re arrested for driving under the influence in Cook County, the criminal charge alone is stressful enough. But if you are not a U.S. citizen, that single traffic stop can quickly lead to immigration custody. As a Chicago criminal defense lawyer, I have defended countless clients who faced the nightmare of an ICE detainer following a DUI arrest.
Illinois law, federal immigration policies, and Cook County’s local ordinances often collide in complicated ways. Understanding how these systems interact is essential if you want to protect your freedom and your ability to stay in the United States.
How Illinois Law Defines a DUI and What Triggers an ICE Hold
Under 625 ILCS 5/11-501, driving under the influence of alcohol or drugs means operating a motor vehicle with a blood-alcohol concentration (BAC) of 0.08 percent or higher, or being impaired by alcohol, drugs, or a combination of both.
A first-time DUI is a Class A misdemeanor in Illinois. That’s punishable by up to one year in the Cook County Jail and fines reaching $2,500. But if aggravating circumstances are present—like driving with a suspended license, causing bodily injury, or having prior convictions—the offense can escalate to a felony DUI under the same statute.
The moment someone is booked into a Cook County detention facility, their fingerprints are entered into federal databases. Immigration and Customs Enforcement (ICE) then receives an alert if that person is not a U.S. citizen or if there are unresolved immigration issues. ICE may respond by issuing a detainer, also called an ICE hold. This document requests that the jail keep the person for up to 48 additional hours beyond their release date so that ICE can assume custody.
Although Cook County’s “sanctuary” ordinance prohibits the Sheriff’s Office from honoring most immigration detainers, exceptions exist. If the individual has a felony charge or previous criminal record, ICE can—and often does—coordinate a pickup directly at the jail. That means even if you post bond on your DUI, you could find yourself transferred into federal custody.
How a DUI Charge Can Affect Immigration Status
For non-citizens, the danger extends far beyond fines or license suspension. Federal immigration law classifies certain crimes as “crimes of moral turpitude” or “aggravated felonies.” A DUI alone is usually not considered a deportable offense, but DUI cases involving injury, repeat offenses, or drugs can create deportation triggers.
The Immigration and Nationality Act (INA) gives ICE broad authority to detain individuals they believe are removable. Even lawful permanent residents (green card holders) are not immune. For example, a lawful permanent resident arrested for an aggravated DUI under 625 ILCS 5/11-501(d) could face removal proceedings for a “crime involving moral turpitude.”
Moreover, immigration judges often consider DUI convictions when evaluating good moral character in citizenship applications. So a DUI can delay or permanently derail the naturalization process.
As your Chicago criminal defense lawyer, I focus on preventing convictions and minimizing exposure by challenging the prosecution’s evidence from the start. A strong state-level defense can stop an ICE hold from ever being triggered.
A Chicago Case Example: The Wicker Park DUI Arrest
One client was stopped late at night near North Avenue and Damen in Wicker Park for allegedly failing to signal a turn. The officer claimed to smell alcohol and performed field sobriety tests. My client was arrested and taken to the Cook County Jail, where his fingerprints triggered an ICE alert. ICE issued a detainer, and his family panicked when he wasn’t released after posting bond.
I immediately filed motions to review the arrest and argued that the officer had no reasonable suspicion for the stop under 625 ILCS 5/11-804, which governs turn signals. The dash-cam showed the signal was activated properly. Once the stop was ruled unlawful, the court suppressed all evidence of impairment.
The DUI case was dismissed, and I worked with an immigration attorney to notify ICE that there was no longer a criminal basis for detention. The hold was lifted within days.
This case illustrates how precise legal work in state court can prevent long-term immigration harm. Cook County’s cooperation with ICE may be limited, but once federal authorities become involved, the defense must act quickly.
How the Illinois Criminal Process Works in DUI-ICE Situations
When arrested for DUI in Chicago, you’ll go through a series of procedural steps that can influence your immigration outcome:
1. Arrest and Booking — Police record your information, take fingerprints, and send your data to the FBI and DHS.
2. Bond Hearing — Within 48 hours, you’ll appear before a judge. The State’s Attorney may argue for a higher bond if there’s an ICE alert. An attorney can present your ties to the community and argue for immediate release.
3. Arraignment and Discovery — You’re formally charged, and your lawyer receives police reports, videos, and chemical test results. This stage is crucial for identifying rights violations.
4. Pre-Trial Motions — Motions to suppress evidence or dismiss charges are often the key to defeating a DUI case.
5. Trial — If the case proceeds, the prosecution must prove impairment beyond a reasonable doubt.
6. Sentencing — Conviction may lead to jail, fines, treatment programs, or probation. Any conviction, however minor, can attract immigration attention.
Each step requires careful coordination between your criminal defense lawyer and, if applicable, your immigration attorney. At my office, I often handle both the courtroom defense and collaborate directly with immigration counsel to protect clients from dual consequences.
Legal Defenses to Avoid Conviction and Deportation
Several defenses can defeat both the DUI charge and any resulting ICE detainer:
- Illegal Stop or Arrest: If police lacked probable cause, all evidence may be suppressed.
- Faulty Testing Equipment: Breathalyzers and blood tests must follow strict calibration rules.
- Violation of Rights: Statements made without Miranda warnings can be excluded.
- Medical Conditions or Fatigue: These can mimic signs of impairment.
- Procedural Errors by Law Enforcement: Incomplete paperwork, improper test administration, or chain-of-custody mistakes can end the case.
Each victory at the criminal level limits ICE’s ability to proceed with deportation. Dismissal or acquittal removes the foundation of their detainer request.
Why Hiring a Chicago Criminal Defense Lawyer Immediately Matters
Many people assume a first-time DUI isn’t serious. That’s a dangerous misconception—especially if you weren’t born in the United States. Without legal representation, you could unknowingly plead guilty, only to be detained by ICE before ever serving a sentence.
A private attorney can take immediate action by:
- Contacting the jail to verify if an ICE detainer exists
- Filing motions to challenge unlawful holds
- Negotiating with prosecutors for non-deportable dispositions such as supervision or reckless driving
- Coordinating with immigration counsel to prepare bond requests before immigration court
Timing is everything. Once ICE takes custody, options become limited. That’s why it’s crucial to hire a Chicago criminal defense lawyer immediately after arrest—ideally before your first court appearance at 26th and California.
Why Clients Choose The Law Offices of David L. Freidberg
For decades, I’ve defended clients in Cook County, DuPage County, Will County, and Lake County against DUI and related criminal charges. My office understands how to dismantle the prosecution’s case while safeguarding your immigration rights.
When the threat of an ICE detainer looms, you need a defense strategy that anticipates every move by both state and federal agencies. My team provides that level of advocacy 24 hours a day.
FAQs About ICE Holds After a DUI Arrest in Cook County
Can ICE detain someone even if their DUI case is dismissed?
Yes. ICE can take custody of any non-citizen regardless of case outcome. However, a dismissal or not-guilty verdict often persuades immigration officials to lift or withdraw detainers.
Does Cook County cooperate with ICE?
Cook County limits cooperation under its “sanctuary” policy, but serious felony charges or prior criminal history may prompt communication with federal authorities.
What happens if I’m released on bond but ICE has placed a hold?
If an ICE hold is active, the jail may keep you for up to 48 hours beyond release. Your lawyer can challenge this detention if it violates local policy or constitutional law.
Can I be deported for a first-time DUI?
A single misdemeanor DUI rarely leads to deportation, but multiple convictions, DUIs involving injury, or drug-related DUIs can make you removable.
What if I’m undocumented and stopped for DUI in Chicago?
You have constitutional rights regardless of status. Do not volunteer immigration information, and call an attorney immediately. Your lawyer can challenge both the criminal case and any ICE detainer.
Can a lawyer stop ICE from taking custody?
An attorney can’t control federal enforcement decisions but can reduce risk by securing dismissal, reducing charges, and coordinating with immigration counsel.
Is there a difference between an ICE detainer and a warrant?
Yes. A detainer is a request from ICE—not a judicial warrant. Local authorities are not legally required to comply with it.
Why should I hire The Law Offices of David L. Freidberg?
Our firm has decades of courtroom experience, knowledge of Illinois and federal procedures, and a record of success defending clients with immigration exposure. We handle DUI, felony, and misdemeanor cases across Cook County and neighboring jurisdictions.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.