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Can ICE Place a Hold After a DUI Arrest in Cook County?
Understanding the Intersection of DUI Arrests and Immigration Holds in Chicago
In Illinois, a first-time DUI offense under 625 ILCS 5/11-501 is generally classified as a Class A misdemeanor, punishable by up to one year in jail and a maximum fine of $2,500. However, aggravating factors such as bodily injury, prior DUI convictions, driving on a suspended license, or having a child passenger can elevate the offense to a felony, often a Class 4 or Class 2 felony carrying mandatory prison time.
When a person without U.S. citizenship is booked into the Cook County Jail, Immigration and Customs Enforcement (ICE) can request that the Sheriff’s Office place an immigration detainer, commonly known as an “ICE hold.” This hold instructs local law enforcement to detain the individual for up to 48 hours after they would otherwise be released, giving ICE time to take custody. Although Cook County has declared itself a “sanctuary” jurisdiction and limits compliance with ICE detainers, there are situations where cooperation occurs—particularly when serious felony charges are involved or when federal authorities intervene directly.
From my office near the Richard J. Daley Center, I regularly defend clients facing both criminal prosecution and potential removal proceedings. Understanding how Illinois criminal law interacts with federal immigration enforcement is critical for protecting your rights and your future in the United States.
How a DUI Case in Cook County Can Trigger an ICE Hold
After an arrest for DUI, the criminal process begins when an officer makes a lawful stop, conducts field sobriety or chemical testing, and files a complaint in the Circuit Court of Cook County. You will be booked, fingerprinted, and either released on bond or held until your first appearance before a judge. During this stage, your fingerprints are automatically transmitted to federal databases, including those maintained by the Department of Homeland Security.
If your record shows non-citizen status—whether you hold a visa, green card, DACA protection, or no legal status—ICE may be notified. An immigration officer may then issue a Form I-247A detainer, asking the Cook County Sheriff to keep you in custody. Illinois law does not require local officials to honor that detainer, but depending on your criminal background and the nature of the charge, the Sheriff may notify ICE anyway.
Federal regulations under 8 U.S.C. § 1357(d) govern immigration detainers, and courts have repeatedly found that these holds are requests, not court orders. However, the reality is that some individuals remain detained longer than permitted, which can violate both Illinois and federal constitutional protections. My role as your attorney is to ensure that any unlawful detention or communication with ICE is immediately challenged.
The practical impact of an ICE hold is severe. Even if the State’s Attorney drops your DUI case, ICE can still take custody and begin removal proceedings. That means your immigration status can be jeopardized even without a criminal conviction. Many clients learn this too late—after they have already bonded out only to be picked up by federal agents at the jail gate.
The best defense begins at the moment of arrest. I work to secure your release quickly, file motions to quash unlawful detainers, and coordinate with immigration counsel if needed. Every minute counts.
A Realistic Example: DUI Arrest in Little Village and a Strategic Defense
A client arrested in Little Village, a predominantly Latino neighborhood in Chicago, was stopped for alleged lane weaving near 26th Street. The officer claimed the driver exhibited glassy eyes and the odor of alcohol. My client produced a valid license but admitted to drinking “one beer.” He was arrested, refused the breath test, and booked at the Cook County Department of Corrections. Because his fingerprints matched a pending immigration file, ICE issued a detainer request.
At arraignment, I moved quickly to challenge the probable cause for the traffic stop, arguing that the alleged weaving did not constitute a marked-lane violation under 625 ILCS 5/11-709(a) and citing People v. Hackett, 2012 IL 111781, which held that minor deviations within a lane do not automatically justify a DUI stop. The judge agreed, finding the stop unconstitutional and suppressing the evidence. The DUI charge was dismissed, and with the criminal case gone, the ICE hold was withdrawn because the local jail could no longer justify custody.
This case illustrates two essential points. First, a strong constitutional defense at the criminal level can indirectly protect your immigration status. Second, local courts in Chicago often respond favorably to well-argued motions under the Fourth Amendment and Article I, Section 6 of the Illinois Constitution, which prohibit unlawful searches and seizures.
As a Chicago criminal defense attorney, my strategy always focuses on early, aggressive challenges to both the arrest and any cooperation between local authorities and federal immigration agents. That dual-track approach has saved many clients from deportation.
Understanding the Illinois Criminal Case Process and Why You Need Counsel
A criminal case in Cook County moves through several phases: arrest, bond hearing, arraignment, discovery, pre-trial motions, trial, and sentencing. Each step presents a new opportunity for legal errors that can be challenged or corrected by an experienced attorney.
During bond hearings, the State’s Attorney may request higher bail amounts or electronic monitoring. An ICE hold can complicate release conditions, as judges may worry about flight risk. A defense lawyer must be prepared with evidence of community ties, employment, and family responsibilities to argue for recognizance or minimal bail.
At the discovery stage, the defense gains access to police reports, body-camera footage, lab results, and witness statements. In DUI cases, I review every document for chain-of-custody issues, calibration errors in breath testing, and inconsistencies in officer observations. If the evidence was collected in violation of your rights, I move to suppress it under 725 ILCS 5/114-12.
The trial phase requires precise cross-examination and presentation of defense evidence. Prosecutors must prove guilt beyond a reasonable doubt, and that burden often falters when key evidence—such as breath or blood test results—is thrown out. A successful defense at trial not only avoids a conviction but also helps prevent immigration consequences that stem from “crimes of moral turpitude” or aggravated felony designations under federal law.
The final stage is sentencing. Even after a guilty plea, a skilled attorney can negotiate alternatives such as court supervision, alcohol treatment programs, or conditional discharge, which may reduce or eliminate deportation exposure. Without representation, defendants risk accepting plea deals that later destroy their immigration eligibility.
In short, every phase of a criminal proceeding in Illinois requires a lawyer who understands both state and federal ramifications. My office provides that dual-level protection.
Evidence Law Enforcement Tries to Collect in Chicago DUI and Immigration-Linked Cases
Police officers in Chicago rely heavily on physical, testimonial, and electronic evidence. That may include dash-cam or body-cam recordings, results from breathalyzer or blood tests, witness statements, and digital data from mobile devices or surveillance cameras.
In DUI investigations, law enforcement also compiles offense reports, DUI tickets, sworn reports under 625 ILCS 5/11-501.1, and arrest narratives. When ICE becomes involved, they receive these same records, along with biographical and biometric data. I scrutinize all of it, ensuring that any evidence obtained without probable cause or proper consent is excluded from court.
For example, under People v. Elliott, 2014 IL App (1st) 123339, the court reaffirmed that refusal to submit to testing cannot alone prove impairment. Likewise, body-cam video showing a calm, coherent defendant can directly contradict an officer’s subjective claim of intoxication. The defense hinges on detailed analysis and, often, independent forensic review.
Legal Defenses and Constitutional Protections
Several defenses can defeat both the DUI charge and the related immigration complications:
- Lack of Probable Cause for Stop or Arrest — Police must observe a specific violation or credible signs of impairment before detaining you.
- Suppression of Unlawfully Obtained Evidence — Evidence collected without a warrant or valid consent violates your Fourth Amendment rights.
- Improper Chemical Testing — Faulty calibration, contamination, or mishandling of breath or blood samples can invalidate results.
- Violation of Miranda Rights — Statements obtained without proper advisement may be inadmissible under Miranda v. Arizona.
- Procedural Irregularities — When officers fail to file the correct sworn report or mishandle paperwork, dismissal can follow.
Each defense not only protects your criminal record but may also prevent federal immigration consequences. A dismissal or not-guilty verdict ensures ICE has no criminal basis to pursue removal.
Qualities to Look for in a Chicago Criminal Defense Attorney
When facing both criminal prosecution and immigration exposure, choose a lawyer who is deeply familiar with Cook County court procedures, local prosecutors, and federal immigration interactions. Years of practice, trial experience, and strategic negotiation skills matter. Look for an attorney who listens carefully, communicates clearly, and provides honest evaluations rather than empty promises.
My approach is hands-on. I personally appear at every hearing, maintain direct contact with clients, and coordinate with immigration counsel when necessary. The law is complex, but consistent courtroom experience makes the difference between dismissal and deportation.
Questions to Ask During a Free Consultation
During your first consultation, ask your potential attorney:
- How many DUI cases have you defended in Cook County?
- Do you understand the immigration consequences of a DUI conviction?
- What is your strategy for challenging probable cause and chemical testing?
- Will you personally handle my case or delegate it?
- How often do your DUI cases result in dismissal or reduced charges?
The answers reveal whether the attorney truly understands both the local criminal process and the federal implications that can follow.
Why You Need an Attorney and Why Clients Choose David L. Freidberg
Trying to handle a DUI case alone, especially when ICE is involved, is a costly mistake. Every conversation, every signature, and every court date can affect not only your criminal record but your right to remain in the country. Prosecutors do not represent your interests, and public defenders—while hardworking—often lack the time to mount the multi-layered defense such cases require.
At The Law Offices of David L. Freidberg, we have decades of experience defending Chicago residents in DUI and related criminal cases. We understand how Cook County’s sanctuary policies interact with federal detainer laws, and we fight aggressively to protect your freedom, your record, and your future.
If you or a loved one has been arrested for DUI and faces possible ICE detention, call (312) 560-7100 or toll-free (800) 803-1442. Our office serves clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County. We offer free consultations 24 hours a day and stand ready to defend your rights in both state and federal court.
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.