Category: Immigration Law · Statute: INA § 238 · Source: Florida Legislature
Understanding Criminal Alien Removal in Florida
In Florida, Criminal Alien Removal refers to the federal administrative process used by Immigration and Customs Enforcement (ICE) to deport non-citizens who have been convicted of specific crimes, most notably "aggravated felonies" under federal immigration law. Unlike standard deportation proceedings, which involve a lengthy trial before an immigration judge, this expedited process allows the federal government to bypass the immigration court system entirely. Under Section 238(b) of the Immigration and Nationality Act, federal authorities can issue a final administrative removal order based solely on the record of the Florida criminal conviction, leaving the individual with virtually no opportunity to seek asylum or other forms of discretionary relief.
This process is triggered when a non-citizen is arrested in Florida and local law enforcement shares their fingerprint data with federal databases. If the state charge results in a conviction that qualifies as an aggravated felony—such as drug trafficking, certain violent crimes, or theft offenses with a sentence of one year or more—ICE can initiate the expedited removal process immediately upon the individual's release from state custody. Because Florida courts aggressively prosecute these offenses, a single conviction can permanently bar a non-citizen from ever legally returning to the United States.
How Criminal Alien Removal Affects Florida Bail
When a non-citizen is arrested in Florida, ICE often issues an immigration detainer (Form I-247), requesting that the local jail hold the individual for up to 48 hours after their state criminal case is resolved. If the defendant posts bail on their Florida state charges, they will not be released to the community; instead, they will be immediately transferred to ICE custody to face the expedited removal process. Consequently, posting a state bail bond may fast-track their transfer to federal immigration detention rather than securing their freedom.