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Immigration Law in Florida — what to do right now

Right now, do three things. First, do NOT sign any document ICE puts in front of you — especially a 'voluntary departure' or 'stipulated removal' form — without understanding it; signing can waive your right to see a judge. Second, write down the person's full legal name and A-number (alien registration number) and use ICE's online detainee locator to find which Florida facility holds them (Krome, the Broward Transitional Center, Baker, Glades, or the state-run Everglades detention center widely called 'Alligator Alcatraz'). Third, find out the exact date, time, and address of any immigration court hearing — missing it triggers an automatic in-absentia removal order. Then call 1-844-690-0555 free, 24/7, to understand your options before the clock runs.

The law in Florida: Immigration Law

Immigration is FEDERAL law, and this is the single most important thing to understand: the court that decides whether you can stay is not a Florida circuit or county court. Removal (deportation) cases go before U.S. Department of Justice immigration judges in the Executive Office for Immigration Review (EOIR) — in Florida, the Miami Immigration Court (333 S. Miami Ave.) and the Orlando Immigration Court for non-detained cases, plus the Krome detained docket near Miami for people in ICE custody. Removal proceedings run under INA § 240 (8 U.S.C. § 1229a) and start with a Notice to Appear (Form I-862). Affirmative applications — green cards, naturalization, asylum filed on paper, DACA, U/T/VAWA — go to USCIS, not to a judge.

The relief that lets you stay is statutory and deadline-driven. Asylum (INA § 208 / 8 U.S.C. § 1158) generally must be filed within one year of your last arrival — the most common trap there is. Non-LPR cancellation of removal (INA § 240A(b)) can wipe out a removal order if you have 10 years' continuous physical presence, good moral character, and 'exceptional and extremely unusual hardship' to a U.S.-citizen or lawful-permanent-resident spouse, parent, or child; LPR cancellation (INA § 240A(a)) needs 5 years as a green-card holder and 7 years' continuous residence. Adjustment of status (INA § 245) turns you into a green-card holder from inside the U.S. Survivors have their own paths: U visas for crime victims who help police, T visas for trafficking survivors, and VAWA self-petitions (INA § 204(a)) that let an abused spouse, child, or parent file without the abuser.

What makes Florida distinct is an aggressively pro-enforcement STATE overlay sitting on top of federal law. SB 1718 (2023) amended Fla. Stat. § 787.07 to make it a third-degree felony to knowingly and willfully transport into Florida a person you know, or should know, entered the U.S. unlawfully and hasn't been inspected — a separate offense for each person transported, with no exception for family members. Fla. Stat. § 322.033 voids out-of-state driver's licenses issued exclusively to undocumented immigrants, so driving on one means a citation for driving without a valid license. And under Senate Bill 2C (signed Feb. 13, 2025), every Florida county jail entered a 287(g) agreement with ICE — all 67 counties — turning a routine local arrest into an ICE pipeline. In Florida, a state criminal charge and your immigration status are now tightly linked.

Appeals are federal too, and the clocks are tight. An immigration judge's removal order is appealed to the Board of Immigration Appeals (BIA) using Form EOIR-26 within 30 days of the decision. (A 2026 EOIR rule had tried to cut that to 10 days, but a federal court vacated that change in Amica Center for Immigrant Rights v. EOIR, so the deadline remains 30 days — still, confirm your exact date immediately.) A motion to reopen is generally due within 90 days and a motion to reconsider within 30 days (8 C.F.R. § 1003.2 / § 1003.23). Petitions for review of a final BIA order go to the U.S. Court of Appeals for the Eleventh Circuit in Atlanta — meaning Eleventh Circuit precedent, not the Ninth Circuit's, governs how the law applies to you in Florida.

Key Statutes (federal + Florida)

INA § 208 / 8 U.S.C. § 1158 — Asylum and the one-year filing deadline
INA § 240 / 8 U.S.C. § 1229a — Removal proceedings and in-absentia orders
INA § 240A / 8 U.S.C. § 1229b — Cancellation of removal (10-yr non-LPR / 7-yr LPR)
INA § 245 / 8 U.S.C. § 1255 — Adjustment of status (green card from inside the U.S.)
Fla. Stat. § 787.07 & § 322.033 (SB 1718, 2023) — State transport felony & voided 'undocumented' out-of-state licenses

Courts & Agencies (FEDERAL)

EOIR — Miami & Orlando Immigration Courts (non-detained removal cases)
Krome detained docket near Miami — cases of people in ICE custody
Board of Immigration Appeals (BIA), Falls Church, VA — appeals from immigration judges
U.S. Court of Appeals for the Eleventh Circuit, Atlanta — petitions for review of BIA orders
USCIS (Miami Asylum Office + field offices) and ICE/ERO — applications, detention, removal

Penalties & Deadlines

Removal order → 5-, 10-, or 20-year (or permanent) bar on return under INA § 212(a)(9)
Unlawful presence: 180+ days = 3-yr bar; 1 year or more = 10-yr bar on departure
Asylum: file Form I-589 within 1 YEAR of last arrival or generally lose eligibility
Appeal to the BIA: Form EOIR-26 within 30 DAYS of the judge's order
EOIR-33 change of address due within 5 DAYS of any move (or risk an in-absentia order)

In Florida, a County Jail Booking Is Now an ICE Pipeline — and the Detention Footprint Is Like Nowhere Else

Most states keep local police and immigration enforcement at arm's length. Florida did the opposite. Under Senate Bill 2C (Feb. 2025), all 67 county sheriffs signed 287(g) agreements with ICE — the only state where every county participates — Fla. Stat. § 908 bans sanctuary policies, and SB 1718 added state immigration crimes. So a traffic stop, a minor arrest, or a weekend in county lockup can hand you straight to ICE. Florida also runs one of the largest detention footprints in the country: Krome, the Broward Transitional Center, Baker, Glades, and the state-run Everglades center known as 'Alligator Alcatraz.' Detained removal defense isn't an edge case here — it's the norm. If someone is detained, the first hour matters. Call 1-844-690-0555 free, 24/7.

Likely outcomes & penalties

Immigration outcomes in Florida turn on your specific facts, your criminal history, and which relief you qualify for. These are realistic ranges of what's at stake — not predictions or promises about your case.

Removal order + bar on return

An order of removal commonly carries a 5-, 10-, or 20-year bar on returning, and a permanent bar for some aggravated felonies or illegal reentry under INA § 212(a)(9). Relief like cancellation, asylum, or adjustment can stop the order — if filed in time.

ICE detention while your case runs

Detention at Krome, the Broward Transitional Center, Baker, Glades, or the Everglades 'Alligator Alcatraz' can last weeks to many months. Bond may be available depending on the charge; for some criminal grounds, detention is mandatory with no bond.

Asylum granted or barred by the clock

Win and you get protection plus a path to a green card. Miss the one-year deadline without a changed- or extraordinary-circumstances exception and asylum is generally off the table — leaving only narrower relief like withholding of removal.

State SB 1718 charges on top

Knowingly transporting an undocumented person into Florida is a third-degree felony under Fla. Stat. § 787.07 — up to 5 years' prison and a $5,000 fine per person (Fla. Stat. §§ 775.082, 775.083), chargeable as multiple counts, entirely separate from any federal immigration consequence.

Mistakes to avoid

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Signing a 'voluntary departure' or stipulated-removal form ICE hands you in a Florida facility without understanding it — you can waive your right to a hearing before a judge and your chance at relief in a single signature.

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Assuming your case is in a Florida state court. Removal is decided by FEDERAL immigration judges at the Miami or Orlando EOIR courts or the Krome detained docket — showing up at a county courthouse, or ignoring the federal Notice to Appear, leads to an in-absentia removal order.

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Missing the one-year asylum deadline. Many people in Florida's Cuban, Haitian, Venezuelan, and Nicaraguan communities qualify for asylum but file Form I-589 too late, losing eligibility when an exception might have applied.

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Moving without filing Form EOIR-33 within 5 days. Hearing notices go to your old address, you never get them, you miss court, and you're ordered deported without ever knowing your date.

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Driving on an out-of-state license issued exclusively to undocumented immigrants, or treating a local arrest as 'minor.' Under Fla. Stat. § 322.033 that license is void here, and with 287(g) in all 67 county jails, any booking can route you to ICE.

How it works

Call 1-844-690-0555 — free, 24/7, in your language. Call the moment you have a Notice to Appear, a detained relative, or a deadline staring at you. No income test, no web form, no wait for business hours. Spanish and other languages supported. This is legal information, not legal advice, and the call creates no attorney-client relationship.

Talk to an AI assistant trained on Florida + federal immigration law. Explain what's happening in plain words. The assistant knows the EOIR courts in Miami and Orlando, the Krome detained docket, the one-year asylum rule, the 30-day BIA and 90-day reopen clocks, SB 1718, and Florida's 287(g) county-jail agreements — and helps you understand your situation and the most urgent next step.

Get matched with a Florida immigration attorney if you want one. If your situation needs a lawyer, we can help you book a paid consultation with a Florida-licensed immigration attorney — a separate paid step, arranged through the call. Legal Hotline is not a law firm and not a public defender; we connect you with someone who can represent you.

Free & low-cost Immigration Law help in Florida

Florida has strong free and low-cost immigration legal aid — these organizations focus specifically on removal defense, detention, asylum, and family petitions. EOIR also keeps an official, court-vetted pro bono list for each immigration court. (Listing them is information, not a referral or endorsement.)

Americans for Immigrant Justice (AIJ)

Long-standing South Florida nonprofit offering free removal-defense and detention representation, including for people held at Krome and the Broward Transitional Center.

Catholic Legal Services, Archdiocese of Miami (CLS)

Free or low-cost representation before USCIS, ICE, CBP, the EOIR immigration courts, and the BIA — asylum, green cards, removal defense, and more.

Florida Immigrant Coalition (FLIC)

Statewide coalition with a directory and hotline connecting immigrants to free legal services and know-your-rights resources across Florida.

Florida Immigration Law and Justice Center

Free statewide help with asylum, citizenship, family petitions, DACA, adjustment of status, and deportation defense.

Florida Justice For Our Neighbors (JFON)

Free immigration legal services, including removal defense, for low-income immigrants and asylum seekers across Florida.

EOIR List of Pro Bono Legal Service Providers

The immigration courts' official, vetted list of free legal providers, organized by court — including the Miami, Orlando, and Krome dockets.

The Florida Bar Lawyer Referral Service

The Bar's official referral line, 1-800-342-8011, plus an online tool; connects you to verified Bar-member attorneys for an initial consultation. Confirm any fee when you call.

FAQ — Immigration Law in Florida

Someone I love was just detained by ICE in Florida — how do I find them and what do I do first?

Get their full legal name and A-number (alien registration number) and use ICE's online detainee locator to find which facility holds them — likely Krome, the Broward Transitional Center, Baker, Glades, or the Everglades 'Alligator Alcatraz.' Don't let them sign anything they don't understand, and find out whether a bond is possible. Call 1-844-690-0555 free, 24/7, to understand the next steps.

Is my deportation case in a Florida state court?

No. Removal is decided by FEDERAL immigration judges at the Executive Office for Immigration Review — in Florida, the Miami or Orlando immigration courts for non-detained cases, or the Krome detained docket if you're in ICE custody. Florida circuit and county courts don't decide removal. To understand which court your Notice to Appear sends you to, call 1-844-690-0555 free, 24/7.

I think I missed the one-year asylum deadline. Is it too late?

Not necessarily. Asylum (INA § 208) generally requires filing Form I-589 within one year of your last arrival, but there are exceptions for 'changed circumstances' or 'extraordinary circumstances,' and other relief like withholding of removal has no one-year bar. The facts matter enormously. Call 1-844-690-0555 free, 24/7, for clear legal information about your options.

What's the deadline to appeal an immigration judge's removal order in Florida?

You have 30 days to appeal to the Board of Immigration Appeals using Form EOIR-26. A 2026 EOIR rule tried to shorten that, but a federal court vacated the change, so the deadline remains 30 days — still, confirm your exact date right away, because missing it can make the order final. Call 1-844-690-0555 free, 24/7, before the clock runs out.

I missed my immigration court hearing in Miami. What happens now?

Missing a scheduled master or individual hearing usually produces an immediate in-absentia removal order. You may be able to file a motion to reopen for 'exceptional circumstances,' but it has its own short clock — and if you moved without filing Form EOIR-33 within 5 days, the notice may have gone to your old address. Call 1-844-690-0555 free, 24/7, to understand whether reopening is possible.

Can I still get a green card if I'm already in removal proceedings in Florida?

Sometimes yes. Depending on your facts you may qualify for adjustment of status (INA § 245), non-LPR cancellation of removal (INA § 240A(b)) after 10 years here with a qualifying relative, or relief through a U visa, T visa, or VAWA self-petition. An immigration judge can grant some of these. Call 1-844-690-0555 free, 24/7, to find out what you may be eligible for.

Can a local arrest in Florida really get me deported?

It can. Under a 2025 state law, all 67 county sheriffs signed 287(g) agreements with ICE, and Florida's sanctuary ban (Fla. Stat. § 908) requires local cooperation — so even a minor booking can route you to immigration detention. SB 1718 also created state immigration crimes. The link between a state arrest and your immigration status is tight here. Call 1-844-690-0555 free, 24/7, to understand your exposure.

Can I still renew my DACA in Florida in 2026?

USCIS is still accepting and processing DACA renewals, even though new initial grants remain blocked by ongoing litigation. File well ahead — roughly 120 to 150 days before your current DACA and work permit expire — to avoid a dangerous lapse. Because the litigation keeps shifting, confirm the current rules before you file. Call 1-844-690-0555 free, 24/7, for clear information on timing your renewal.

I was a victim of a crime or of abuse in Florida — are there immigration protections for me?

Yes. A U visa is for crime victims who help law enforcement, a T visa is for trafficking survivors, and a VAWA self-petition lets an abused spouse, child, or parent of a U.S. citizen or green-card holder file confidentially without the abuser. Several of these can lead to a green card. Call 1-844-690-0555 free, 24/7, to understand which may fit your situation.

Is Legal Hotline a law firm, and does the call cost anything?

No, Legal Hotline is not a law firm and not a public defender, and the call is completely free, 24/7. We give legal information, not legal advice, and the call creates no attorney-client relationship. If you want representation, we can help you book a paid consultation with a Florida-licensed immigration attorney. Start by calling 1-844-690-0555.

Florida immigration attorneys: join our network

Are you a Florida-licensed immigration attorney handling removal defense, asylum, detention bond, family petitions, or naturalization? We send urgent, pre-screened clients your way — people who've already spoken to our assistant and want a consultation with a real lawyer. If you practice before the Miami or Orlando immigration courts, the Krome detained docket, or USCIS, join our referral network. This is the only part of this page meant for attorneys, not clients.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

ICE Detention, a Removal Hearing, or a Deadline You Can't Miss — Get Florida-Specific Immigration Answers Now