Category: Immigration Law · Statute: INA § 101(a)(43) · Source: Florida Legislature
Understanding Aggravated Felony (Immigration) in Florida
Under federal immigration law, an "aggravated felony" is a term of art that does not necessarily align with how crimes are classified under the Florida criminal code. Defined under Section 101(a)(43) of the Immigration and Nationality Act (INA), this category includes a broad range of offenses, some of which are classified as misdemeanors under Florida law but are treated as aggravated felonies for immigration purposes. For example, a Florida misdemeanor theft offense or a battery charge can be classified as an aggravated felony if a sentence of one year or more is imposed, even if that sentence is entirely suspended.
For non-citizens in Florida, an aggravated felony conviction carries devastating consequences, including mandatory detention during removal proceedings, permanent inadmissibility to the United States, and a near-total bar on seeking relief from deportation, such as asylum or cancellation of removal. Because Florida prosecutors frequently charge offenses like drug trafficking, grand theft, and burglary—which often cross the threshold into federal aggravated felonies based on the specific sentence or monetary loss involved—non-citizen defendants must carefully evaluate how any plea agreement or sentence structure will impact their immigration status.
Bail and Pretrial Detention for Aggravated Felonies
When a non-citizen is arrested in Florida for an offense that qualifies as an aggravated felony, securing pretrial release becomes exceptionally complex. Even if a Florida judge grants a standard monetary bail bond, Immigration and Customs Enforcement (ICE) will frequently issue an immigration detainer (Form I-247). This detainer requests that local Florida jail officials hold the defendant for up to 48 hours after their state criminal case is resolved or bail is posted, allowing ICE to take them into mandatory federal custody, where they are generally ineligible for an immigration bond.