Category: Immigration Law · Statute: 8 U.S.C. § 1326 · Source: Florida Legislature
Understanding Illegal Reentry in Florida
In Florida, illegal reentry is a serious federal crime governed by federal immigration law (8 U.S.C. § 1326) rather than state statutes. It occurs when a non-citizen who has been formally excluded, deported, or removed from the United States subsequently returns, or is found within the country, without the express consent of the U.S. Attorney General or the Secretary of Homeland Security. In Florida, because of the state's extensive coastline, major international airports, and large agricultural and tourism sectors, federal law enforcement agencies like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) actively monitor and prosecute these offenses.
The offense is distinguished from simple unlawful entry by the fact that the individual was previously subject to a formal order of removal. If a state or local law enforcement officer in Florida arrests an individual for a local traffic violation or state-level offense, a routine database check can reveal a prior deportation record. If no official authorization for reentry exists, the federal government can assume custody and initiate criminal prosecution in one of Florida's three federal judicial districts, where the severity of the penalties is heavily influenced by the individual's prior criminal history.
How Illegal Reentry Affects Bail in Florida
When an individual is suspected of illegal reentry, securing pretrial release in Florida is exceptionally difficult. Even if a state judge grants bail on a local charge, federal immigration authorities will typically issue an ICE detainer (Form I-247). This administrative hold requires local Florida jails to detain the individual for up to 48 hours after their state release date so federal agents can take them into custody. Once in the federal system, defendants facing illegal reentry charges are frequently deemed flight risks under the federal Bail Reform Act, often resulting in detention without bond until the federal criminal case is resolved.