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ICE Raids, Detentions, and Your Rights

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My Interview with Journalist Orian Brito (January 26, 2026)

This Monday, I joined journalist Orian Brito for an important conversation about the rise in ICE operations being reported in multiple parts of the country, including Florida. I appreciated Orian’s thoughtful approach—because in moments like these, clear information is what helps families avoid unnecessary fear and confusion.

During the interview, we discussed what has been publicly reported about a large enforcement operation in Florida known as “Tidal Wave,” which has been associated with more than 10,000 arrests according to what has been reported in the news. We also discussed reports of increased ICE presence in Central Florida and Orlando beginning around January 20, 2026, including comments publicly attributed to Congressman Maxwell Frost.

I also shared national-level data attributed to the American Immigration Council, including reported increases in ICE detentions and detention capacity trends. While many public conversations focus on individuals with criminal histories, I emphasized that there are also reports indicating a significant increase in detentions of people without criminal offenses, which raises serious concerns for families who are simply trying to live and work while they pursue lawful options.

What happens if someone is detained and has no criminal record?

One of the most important points I made is that every case is different. When someone is detained, the first legal question is often whether that person can request a bond—and whether an immigration judge will be recognized as having jurisdiction to consider that bond request. Factors like how the person entered the United States (with a visa, with parole, or without inspection) can affect the options available.

We also discussed a tool that may be used in certain situations: habeas corpus, a federal court filing that can challenge detention that is unlawful or unreasonably prolonged. Federal litigation is complex, costly, and highly procedural. Even so, in certain detention cases it may be one of the few meaningful pathways to request review.

A serious issue: reports of a DHS memo about home entry

Orian also raised a topic that has concerned many people: reports of a Department of Homeland Security memorandum suggesting that ICE officers could enter residences to make arrests without a federal judge’s warrant, relying on an administrative form (often discussed as an I-205). In the interview, I explained the crucial difference between an administrative document for arrest versus a judge-signed warrant for entering a home. I also shared that, according to what I read, the memo reportedly was not applied in part of Central California due to litigation there.

Know your rights if I.C.E. stops you in public.

Practical guidance for families

If your household is feeling anxious, there are a few responsible steps you can take immediately:

  • Get individualized legal advice. Your options depend on your exact immigration history and prior contacts with immigration authorities.
  • Keep your key documents organized. Make sure trusted family members know where to find them.
  • Have a family plan. Decide who will care for your children, how to access your medical information, and whom to call if a detention occurs.
  • Do not rely on rumors. Seek verified guidance before taking action that could harm your case.

How to contact my office

If you or a loved one needs a confidential consultation, you may contact my office at (305) 671-0018. My website is ariasvilla.com (and marthaarias.com redirects there as well). You may also find updates through my channels, and I appreciate everyone who stays informed and engaged.

Important Disclaimer: This post is for general information only and does not create an attorney-client relationship. Immigration matters are highly fact-specific. For legal advice about your situation, please consult a qualified immigration attorney.

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About Martha Arias

Immigration Attorney, Martha Liliana Arias, Esq. is the founder and sole owner of Arias Villa Law, a full-service immigration law firm located in Miami, FL. Martha has been exclusively and successfully practicing U.S. immigration law for almost two decades; she has relevant experience with removal defense cases, USCIS and NVC cases, and business visas, particularly EB-5 investor visas.

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