The Law Offices of Sandra Echevarria, P.A.

Can Florida deport immigrants? State vs. federal authority

On Behalf of | Jun 17, 2025 | Immigration

Recent changes to immigration law and enforcement have left many with questions. One of the most common sources of uncertainty is whether Florida authorities can deport immigrants. What role do state and federal authorities play in deportation proceedings?

The federal government has authority over immigration

The United States Constitution gives the federal government the main responsibility for immigration laws and enforcement. This means that immigration laws are set at the federal level.

Organizations like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforce immigration policies. These federal groups can detain, process and deport people who break immigration laws.

As a result, there are limits to the state’s power

Florida, like other states, cannot deport immigrants on its own. Only the federal government can make final decisions to remove people from the country.

However, states can help with immigration enforcement by working with federal agencies. State police can detain, arrest, and hand over people to federal authorities. For instance, police in Florida might team up with ICE for certain immigration tasks.

States also play a role in shaping how immigration policies are applied locally. States can enact laws that influence the daily lives of immigrants, such as those related to employment, education, and access to services. Some states have made laws to support immigrant communities or to increase local enforcement of federal immigration laws. However, these laws must operate within the framework established by federal immigration policy.

Florida has increasingly cooperated with federal agencies

Recently, Florida has been more active in immigration enforcement. The state uses agreements called 287(g) agreements to allow state and local police to help ICE or CBP with certain tasks. This teamwork has led to major operations and more cooperation with federal agencies.

Florida has also set up state offices and councils to improve coordination with federal authorities. These groups work with police, offer advice and manage immigration efforts in the state.

How has this changed in recent years?

New state laws and proposals have emerged in Florida. These plans increase detention powers. They also suggest actions like deportation flights and using military judges for immigration cases. These proposals have led to debates and legal challenges. Their effect on communities and law enforcement is still a hot topic. These challenges often leave immigrants unsure about what state authorities can do and what their rights are.

Even though Florida is increasing its role in immigration enforcement, the federal government still holds the power to deport. People worried about their immigration status should get legal advice to know their rights and options.