Following the law and still ending up in custody. That is the case reported by Noticias Telemundo, and it raises the question thousands of people with pending asylum cases ask: does my application protect me? It protects against some things and not others, and confusing the two can be costly.
At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. Below, we explain what is known, what the law says, and what you can do.
What is happening?
According to Telemundo 51, in reporting carried by Noticias Telemundo on September 1, 2026, Daniela Portillo, a Venezuelan national living in Polk County, Florida, was struck by another vehicle on June 8, 2026. The other driver fled. She stayed at the scene and waited several hours for authorities.
“I stayed at that crash to follow the law, normally, like any citizen,” Portillo told Telemundo. She described the experience as traumatic and devastating.
According to those reports, the Polk County Sheriff’s Office determined during its investigation that she was not a U.S. citizen and was subject to immigration proceedings; ICE confirmed this and a civil immigration detainer was issued. Her attorney said she has a pending asylum application and no order of deportation. As of this writing she remained detained at a facility in Louisiana.
A note on sourcing: this case has a single original news source, Telemundo 51. There is no sheriff’s office statement on this specific case, and ICE did not respond to requests for comment.
Does a pending asylum case prevent detention?
No, and this is the central distinction.
Form I-589 is an application, not a status: it means being inside a process, not holding immune legal presence.
What it does do: it prevents deportation while the case is decided. No one with a pending application can be removed without a final order. And 150 days after filing, a work permit can be requested.
What it does not do: prevent arrest and detention. Section 236(a) of the Immigration and Nationality Act authorizes DHS to detain a person while it is being decided whether they are removable.
Four things are also worth separating, because they get confused constantly:
- Local arrest: for a state offense. That is a state criminal case, with its own bond.
- Immigration detainer (Form I-247A): ICE asks the jail to notify it before release and hold the person up to 48 additional hours. An ICE officer signs it, not a judge.
- Referral to ICE: the local agency reports identity or status. Not a detention in itself.
- Immigration detention: ICE takes custody under an administrative warrant (Form I-200). Also signed by an officer, not a judge.
What role does a 287(g) agreement play?
This is the piece that explains why this happens now and would not have a few years ago.
Section 287(g) of the immigration statute lets DHS delegate federal immigration functions to local police through an agreement. It has three models:
- Jail Enforcement: inside the jail only, with people already arrested.
- Warrant Service Officer: only to execute ICE administrative warrants inside the jail.
- Task Force Model: permits questioning about status and arrests on immigration grounds during routine police work, including traffic stops and crash scenes.
The task force model was ended in 2012 and revived in 2025. According to agreements published by ICE, the Polk County Sheriff’s Office signed that model on February 26, 2025. That is the practical difference: a local deputy at a crash scene can now ask questions they were not previously authorized to ask.
One point often misread: Florida does not require immigration status checks at every traffic stop. What exists is that delegated authority, which permits it, plus the 2023 state law invalidating in Florida certain licenses issued by other states solely to people without status.
And if you are in a crash?
First, the essential part: staying is the right thing to do, and it is also required. Florida statutes 316.061 and 316.027 require stopping and remaining. Leaving turns a civil immigration matter into a criminal offense, which can trigger mandatory detention and seriously damage an asylum case. The tension is real and we will not minimize it, but the answer is never to drive away.
What to carry with you:
- A valid Florida license, current insurance and registration.
- Your asylum receipt notice (Form I-797C) and your work permit if you have one.
- Your A-number, written down or memorized.
- Your attorney’s phone number, on paper, in your wallet.
What never to do:
- Lie about your identity or nationality. Falsely claiming U.S. citizenship creates permanent inadmissibility with virtually no waiver.
- Present false documents.
- Sign anything without an attorney, especially voluntary departure.
And if a relative is detained: get the A-number, search the ICE detainee locator, contact an immigration attorney — not a notario — and request a custody redetermination hearing before an immigration judge as soon as possible. That point is currently contested: since 2025 the government has argued that people who entered without inspection are ineligible for bond, a position backed by the Board of Immigration Appeals and simultaneously challenged in federal court. One more reason not to navigate this alone.
Protect Your Immigration Status with Campos Law Firm
An open case is good news, not a guarantee. Detention and deportation are two different things, and the window to act on a detention is measured in days.
At Campos Law Firm we review what stage your case is in, prepare your document folder before you need it, and move quickly if someone in your family is taken into custody. Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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