Category: Immigration Law · Statute: 8 U.S.C. § 1229a · Source: Florida Legislature
Understanding Deportation / Removal Proceedings in Florida
In Florida, deportation or removal proceedings are formal administrative actions conducted by the federal government to determine whether a non-citizen should be expelled from the United States. While immigration law is strictly federal, these proceedings are frequently triggered by interactions with Florida’s state criminal justice system. Under federal immigration law, certain state-level convictions—ranging from drug possession and domestic violence to "crimes of moral turpitude" and "aggravated felonies"—can automatically initiate removal actions, regardless of whether the individual is an undocumented immigrant, a temporary visa holder, or a lawful permanent resident (green card holder).
The intersection of Florida criminal law and federal immigration enforcement is highly formalized. When a non-citizen is arrested in Florida, local county jails cooperate with Immigration and Customs Enforcement (ICE) through databases and automated fingerprint sharing. If ICE identifies an individual subject to removal, they may issue an immigration detainer (ICE hold). Under Florida law, local law enforcement agencies are mandated to cooperate with these federal immigration detainers, meaning a state-level arrest can rapidly transition into a federal custody transfer and formal removal proceedings before an immigration judge.
How Removal Proceedings Affect Florida Bail and Pretrial Release
When a non-citizen faces criminal charges in Florida, securing pretrial release becomes exceptionally complex. If ICE places an immigration detainer on the defendant, posting a Florida state bail bond will not secure their freedom; instead, the local jail will transfer the defendant directly into federal immigration custody to face removal proceedings. Consequently, defense attorneys must carefully coordinate state criminal bail with federal immigration bonds, as paying a state bail bond prematurely can inadvertently accelerate the defendant's transfer to an ICE detention facility.