Can ICE Place a Hold After a DUI Arrest in Cook County?

Chicago Criminal Defense Lawyer Explains the Hidden Immigration Risks of a DUI Arrest

Chicago is one of the most diverse cities in America, home to hundreds of thousands of immigrants who work, study, and raise families throughout Cook County. A night out on Milwaukee Avenue or a family gathering in Pilsen can turn life-changing if a traffic stop leads to a DUI arrest. For non-citizens, a single arrest can bring not only criminal charges under Illinois law but also unwanted attention from Immigration and Customs Enforcement (ICE).

As a Chicago criminal defense lawyer, I have seen clients blindsided when an ICE hold appears after a simple misdemeanor DUI arrest. Even though Illinois law classifies a first-time DUI as a Class A misdemeanor under 625 ILCS 5/11-501, the criminal and immigration systems often intersect in unpredictable ways. Understanding how and why ICE becomes involved is essential to protecting your liberty and immigration status.

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How ICE Holds Arise in the Cook County Jail

When police in Chicago make a DUI arrest, the suspect is booked into the Cook County Department of Corrections. Fingerprints are taken and automatically uploaded to federal databases through the “Secure Communities” program. If those fingerprints match an immigration file or record, ICE is alerted.

An ICE detainer—formally known as Form I-247A—is a written request from federal agents asking the local jail to keep the individual in custody for up to 48 hours after they would otherwise be released. Although Cook County’s ordinance 11-O-73 limits cooperation with ICE detainers unless the person has a serious felony conviction or active criminal warrant, the Sheriff still transmits information in certain cases.

This means a person can finish posting bond for a DUI but still be held at the jail until ICE decides whether to take custody. If that happens, the person may be transferred to a federal immigration detention center—often in Kankakee or Kenosha—before ever seeing an immigration judge.

The confusion arises because a DUI is technically a state crime, while immigration enforcement is federal. Yet both systems use the same biometric data. That overlap allows ICE to act, even when local policy discourages cooperation. As your attorney, I make it my priority to file motions to challenge unlawful detainers and to notify the court if the county holds you longer than the law allows.

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Illinois DUI Classifications and Penalties

The seriousness of the charge determines how aggressively ICE may respond. Illinois law provides several levels of DUI offenses:

• First-time DUI (Class A misdemeanor): up to one year in jail and $2,500 in fines; possible court supervision instead of conviction.

• Second DUI (Class A misdemeanor): minimum of five days in jail or 240 hours community service.

• Aggravated DUI (Class 4 felony or higher): charged when there’s injury, a child passenger, or a suspended license. Punishable by one to 12 years in prison, depending on aggravation.

Under 625 ILCS 5/11-501(d), aggravating factors can escalate a misdemeanor DUI into a felony. Felony convictions draw far greater ICE scrutiny because federal immigration law treats some DUI-related felonies as “crimes involving moral turpitude” or “aggravated felonies,” either of which can trigger deportation.

Even without a felony, repeated DUI arrests or convictions can lead ICE to classify the person as a public-safety concern, increasing the likelihood of detention.

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A Fictional Example: West Rogers Park Arrest and Defense Strategy

Consider a lawful permanent resident living in West Rogers Park who is stopped after a minor fender-bender near Devon Avenue. The officer alleges a smell of alcohol and slurred speech, conducts field tests, and arrests the driver for DUI. The client has no prior record, posts bond, and expects release.

However, because the fingerprints match an old visa record, ICE issues a detainer. The client’s family contacts my office immediately. I visit the jail, file a motion in Cook County Circuit Court arguing that the detention violates county ordinance and due process, and simultaneously prepare the criminal defense.

During discovery, we learn that the officer never activated his body camera until after the arrest. I move to suppress evidence for failure to comply with departmental policy and violation of 725 ILCS 5/114-12. The court agrees, the DUI is dismissed, and ICE withdraws its interest because there is no pending criminal charge.

This example shows that quick legal action in state court can prevent a minor DUI from spiraling into a federal immigration problem.

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The Illinois Criminal Process in DUI and Immigration-Linked Cases

From the moment of arrest, the criminal case follows several stages:

1. Arrest and Booking – The officer files a sworn report, and you’re fingerprinted. ICE may receive data within hours.

2. Bond Hearing – A judge reviews your background and sets bond. A defense lawyer must argue for prompt release before any ICE hold is executed.

3. Arraignment and Discovery – The State’s Attorney files formal charges. Your attorney demands all police reports, chemical-test results, and body-cam videos.

4. Pre-Trial Motions – These challenge probable cause, evidence collection, or improper questioning.

5. Trial – The prosecution must prove impairment beyond a reasonable doubt. If evidence is suppressed or inconsistent, a verdict of not guilty follows.

6. Sentencing – Even after a plea, an attorney can negotiate for supervision rather than conviction to protect immigration status.

Without counsel at each step, defendants risk procedural mistakes that can expose them to ICE custody. The Illinois system is unforgiving of self-representation.

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Evidence Used in Chicago DUI Cases

Prosecutors often rely on:

• Breathalyzer or blood-alcohol results

• Dash-cam and body-cam footage

• Police narratives and field-sobriety-test descriptions

• Witness statements or civilian 911 calls

• Chemical-test certifications from the Illinois State Police

As your defense lawyer, I examine whether the testing instruments were certified and whether officers followed Illinois Administrative Code 20 ILCS 1286 procedures. Any break in that chain can lead to suppression. Once the prosecution’s evidence is weakened, ICE’s basis for continued detention may evaporate.

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Potential Defenses to a DUI That Also Reduce Immigration Risk

Strong defense strategies include:

• Demonstrating lack of probable cause for the traffic stop

• Challenging the accuracy of field-sobriety or breath-test results

• Establishing medical conditions (such as diabetes or fatigue) that mimic impairment

• Proving unlawful arrest or Miranda violations

• Negotiating alternative sentencing that avoids conviction entry

A properly handled case may result in dismissal, not guilty verdict, or court supervision—each outcome protecting both your Illinois criminal record and your federal immigration standing.

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Why Legal Representation Matters

Defending a DUI that may attract ICE attention requires coordination between criminal and immigration defense. Many clients do not realize that a guilty plea—even one offered as “no jail time”—can later trigger removal proceedings.

At my firm, we review every possible consequence before entering any plea. We coordinate with immigration attorneys when needed and ensure all filings protect you from unlawful detention. The earlier you hire a lawyer, the more options you have for controlling both processes.

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Why Defendants Choose The Law Offices of David L. Freidberg

My practice has represented Chicago defendants for decades in DUI, felony, and misdemeanor cases throughout Cook, DuPage, Will, and Lake Counties. We know the prosecutors, the judges, and the procedures unique to each courtroom—from the Daley Center downtown to the Maywood and Bridgeview branches.

Every client receives personal attention, strategic planning, and honest communication. When ICE involvement is suspected, we act immediately to safeguard both liberty and immigration status.

You can reach my office 24 hours a day at (312) 560-7100 or (800) 803-1442 for a free consultation.

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Frequently Asked Questions About ICE Holds After a DUI Arrest in Chicago

Can ICE really hold someone for a misdemeanor DUI?
Yes, ICE can request a hold even for misdemeanor charges if fingerprints reveal non-citizen status. Cook County policy limits cooperation, but federal agents can still act independently once the person’s data reaches Homeland Security.

What happens if the court dismisses my DUI—can ICE still deport me?
If your case is dismissed before conviction, ICE loses much of its legal basis to detain you. However, they can still initiate civil immigration proceedings if they claim prior violations. A quick criminal dismissal gives your immigration attorney leverage to fight removal.

Is refusing a breath test safer for immigrants?
Refusal prevents chemical evidence but triggers a driver’s-license suspension. Immigration authorities care more about convictions than refusals, but every decision should be made after consulting a defense lawyer because refusal can complicate reinstatement and court supervision options.

What if I already posted bond and ICE takes me?
Once ICE takes custody, the state court may lose immediate control. Your criminal lawyer can notify the judge and request that the bond remain active, preserving your right to return and resolve the Illinois charges. Timing and communication are critical.

Do sanctuary policies in Chicago stop ICE entirely?
No. They limit cooperation but cannot prevent ICE from using federal databases or entering the jail with their own warrants. A sanctuary ordinance offers partial protection, not immunity.

What defenses work best to avoid immigration problems?
Dismissal based on unconstitutional stops, suppression of evidence, and supervision in lieu of conviction are the most effective. Each must be tailored to your record, immigration category, and goals.