Federal Immigration Enforcement Is Back: What That Means for Defendants

Starting in January 2025, the new administration implemented new immigration measures, designed to discourage undocumented immigrants. For defendants, the federal immigration enforcement serves as a second penalty for committing a crime. If you are convicted of a felony, you may end up with a lengthy prison sentence as well as a future deportation.

For defendants, the return of federal immigration enforcement means a higher risk of deportation. Increased ICE raids make day-to-day life more stressful. Additionally, entering a guilty plea or stating your guilt during a pre-plea diversion can lead to your depotration.

During the first 50 days of the new administration, there were 32,809 ICE arrests. By April 6, 2025, ICE had 47,928 people in detention, and almost half of those people didn’t have a criminal record.

If you’re facing a criminal charge, you can’t afford to deal with your legal case alone. ICE immigration enforcement policies in 2025 are strict and far-reaching, so you need the best criminal defense attorney possible to fight for your rights.

The new administration’s goal is to deport as many people as possible/ Thanks to plunging numbers of immigrants trying to cross the border, this goal has been harder to achieve than expected. Because of this, the federal government is trying to push people toward self-deportation through ICE raids, intimidation, and similar tactics.

Frequent ICE raids are having a major impact in California. At one Catholic church in Merced, a priest reported that attendance was down 60% to 70%. Major laws and court decisions, like the Gonzalez vs. ICE case, have made detentions harder, so ICE has turned to stopping people on the street and conducting workplace raids instead. In response, some people have decided that the safest option is simply to stay home.

The state and local governments are working closely with ICE, making any conviction or criminal charge a major risk. Under Section 287 of the Immigration and Nationality Act (INA), the federal government can delegate some of its powers to state and local law enforcement agencies.

For example, the Orange County Sheriff’s Department has a 287(g) Memorandum of Agreement (MOA) with ICE. This agreement basically allows the sheriff’s department to perform some of ICE’s duties. As a part of the agreement, specific officers are nominated from the sheriff’s department and trained by ICE.

Unfortunately, there’s no one-size-fits-all answer to how long immigration can hold someone in jail. Initially, you can be detained by law enforcement for a maximum of 48 hours while ICE comes to pick you up.

ICE typically has 90 days to remove you once the final removal order has been issued. If this doesn’t happen, ICE can hold periodic reviews to decide if you should be kept in detention longer. Sometimes, people can’t be deported right away, which can lead to an indefinite detention.

If you have committed a crime, it’s important to reach out to an ICE defense lawyer right away. Anyone who has pled guilty, been convicted, or otherwise admitted their guilt for a crime can be deported. The federal government prioritizes serious crimes and violent crimes. However, you can be deported for a misdemeanor as well, especially if it is a crime of moral turpitude.

The federal government is intensifying its campaign to encourage self-deportation. If you are charged with a crime, you shouldn’t try fighting for your rights alone. With the help of a skilled ICE defense attorney, you can learn more about your rights and the best methods for fighting back against federal immigration enforcement.

For more information about how to proceed with your criminal case, give us a call today.