Category: Immigration Law · Statute: INA § 240B · Source: Florida Legislature
Understanding Voluntary Departure in Florida
In Florida, voluntary departure is a discretionary form of relief granted by an immigration judge or the Department of Homeland Security (DHS) that allows a noncitizen to leave the United States at their own expense by a specific deadline. Rather than undergoing the formal process of deportation, which carries severe long-term legal consequences, the individual agrees to depart the country voluntarily. This option typically arises during removal proceedings in one of Florida’s immigration courts, such as those in Miami, Orlando, or Pompano Beach, or during an encounter with immigration authorities before court proceedings officially begin.
Choosing voluntary departure over a formal order of removal offers significant legal advantages under federal immigration law. A formal deportation triggers an automatic bar on re-entry to the United States, often lasting five, ten, or twenty years. In contrast, a voluntary departure does not carry this automatic bar, meaning the individual may preserve their eligibility to apply for a visa or lawful re-entry in the future. However, to qualify, the noncitizen must meet strict statutory criteria, including demonstrating good moral character for a designated period and proving they have the financial means to pay for their own travel home.
How Voluntary Departure Affects Florida Bail and Pretrial Release
When a noncitizen is arrested on state criminal charges in Florida, securing pretrial release through a bail bond becomes highly complex if an immigration detainer (ICE hold) is active. If the defendant is granted voluntary departure by an immigration judge while criminal charges are still pending, they must resolve their Florida criminal case before they can depart. Paying a Florida bail bond while an ICE hold is in place will result in the defendant being transferred to federal immigration custody rather than being released to the community, which can fast-track the voluntary departure timeline and require careful coordination between criminal defense and immigration counsel.