Key Takeaways
• Gov. DeSantis proposes Florida National Guard JAG officers serve as immigration judges, seeking DHS and Trump administration approval.
• Operation Tidal Wave led to 1,100 arrests in Florida; about 60% of these cases are still pending before immigration judges.
• Plan faces criticism over legal training, due process, and federal vs. state authority; likely court challenges are anticipated.
Florida Governor Ron DeSantis has sparked statewide and national debate with a new plan aimed at managing illegal immigration in the state. In early May 2025, Gov. DeSantis announced a proposal for members of the Florida National Guard to serve as immigration judges. If approved, this move would center Florida at the crux of state-run immigration enforcement, shifting responsibilities that are usually federal to state hands.
Let’s break down the details of this plan, its possible impact, the reactions it’s caused, and what could come next for Florida—and possibly for other states looking to handle immigration in new ways.
A New Role for the Florida National Guard
At a press conference, Gov. DeSantis revealed his plan to the public. He asked the Department of Homeland Security (DHS) to give the state the green light for the Florida National Guard to act as immigration judges. The effort is tied to his broader push to manage illegal immigration, including a large-scale operation called Operation Tidal Wave.
DeSantis’s proposal focuses on using nine Judge Advocate General (JAG) officers from the Florida National Guard for this new duty. Typically, JAG officers are military lawyers who advise on military law, not immigration cases. These officers, if trained as proposed, would not serve as Article III federal judges—the kind appointed to the federal bench for life—but would instead be employees of the executive branch who work specifically on immigration matters.
The governor explained, “We would handle the entire process, from soup to nuts,” referring to every step of immigration enforcement being under state control. The process would include:
- Finding and apprehending undocumented immigrants
- Detaining them in state-managed facilities
- Using the specially deputized JAG officers as immigration judges to decide their cases
According to the state’s plan, the nine JAG officers selected are considered “suitable for training” for this important role. The governor stressed that, in his view, this approach would help Florida handle immigration cases faster and more efficiently.
Operation Tidal Wave: Setting the Stage
The proposal is closely tied to Operation Tidal Wave, Florida’s largest recent immigration enforcement effort. Operation Tidal Wave began under a partnership with federal Immigration and Customs Enforcement (ICE) and Florida state and local agencies, operating under section 287(g) of the federal Immigration and Nationality Act. This section allows state and local law enforcement to work with ICE in enforcing federal immigration laws.
Since its launch, Operation Tidal Wave has led to over 1,100 arrests in Florida. Gov. DeSantis described it as “the largest immigration enforcement operation in the country in quite some time.” Out of those arrested, about 60%—roughly 660 people—have not yet had their day in court before an immigration judge, so their cases remain unresolved.
The governor’s call to expand state control over this process appears directly tied to Operation Tidal Wave’s early results and his view that a state-run approach could process cases faster. He has suggested that Florida can stand as a model for other states, saying the state’s methods could be a “blueprint” for how states partner with federal authorities on immigration.
Expanding State Enforcement: More Than Just Judges
Gov. DeSantis’s plan isn’t limited to using Florida National Guard officers as immigration judges. It’s part of a broader set of steps that would put more of the immigration enforcement work in the state’s hands. Key steps in this approach include:
- Launching state-run deportation flights to send illegal immigrants back to their home countries.
- Working with 12 private vendors, the state says it has the capacity to provide up to 10,000 detention beds for migrants needing to be held while their cases are processed.
- Supporting both formal deportations (through courts) and self-deportations, where migrants leave the country of their own accord.
- Signing tough new legislation that creates state-level penalties for migrants who enter Florida illegally.
According to information shared publicly, these steps are meant to give Florida more authority and tools to handle illegal immigration independently of federal processes—at least as much as current law and any new approvals might allow.
Legal Process, Due Process, and Concerns
Moving immigration court duties to the Florida National Guard, even with trained legal officers like JAGs, has stirred up strong reactions from immigration attorneys and advocates. Critics have voiced several major concerns:
- Training and Knowledge: Immigration law is detailed and changes often. Critics argue that JAG officers, despite their legal training, are not experts in immigration law. Handling who qualifies to stay in the country and who must leave is a huge responsibility.
- Due Process Rights: Every person facing deportation has legal rights. Lawyers and advocates worry that using National Guard officers could rush cases or skip steps that let immigrants properly defend themselves. Some fear that important facts—like whether someone qualifies for asylum—could be missed.
- Speed and Fairness: There are concerns that the push to process cases quickly could lead to mistakes or wrongful orders of deportation. The fact that about 60% of those arrested have not yet seen a judge adds urgency but doesn’t erase these worries.
- Potential Legal Challenges: Many legal experts predict that DeSantis’s plan will be challenged in court if approved by DHS and the Trump administration. This could cause long delays in putting the plan into action.
In response, Gov. DeSantis stated there are “tens of thousands of illegal aliens in Florida at a minimum that have already been issued final orders of removal” but have not left as required. He dismissed the idea that every immigrant needs “some OJ Simpson type trial before they can be deported.” DeSantis’s comments suggest he believes the state can and should speed up the process, especially for those with outstanding removal orders.
Who Has the Final Say?
The plan is currently under review by the Department of Homeland Security and the Trump administration, as approval from the federal government is needed. If the proposal is approved, it would mark a new step in state-led immigration enforcement.
Historically, immigration enforcement—including courts, judges, and detention—has been the job of the federal government. The federal government sets the rules under which people can be deported or granted relief, and employs immigration judges who go through special training.
Florida’s push to take on more of that power could change how immigration is handled, not just in the state, but across the United States 🇺🇸. If the Trump administration and DHS approve, other states could try to follow this model.
Breaking Down the Key Roles
Florida National Guard
The Florida National Guard, normally called up to help in hurricanes, disasters, or peacekeeping, would be taking on a brand new duty if approved. Instead of simply supporting law enforcement, Guard members with legal backgrounds—JAG officers—would serve as judges in immigration cases.
While these officers have experience with military and federal law, immigration court is different in many ways. For example, in immigration court, deciding if someone can be deported or granted relief usually involves understanding international agreements, complex laws, and careful review of facts.
Immigration Judges
Most immigration judges are part of the federal Executive Office for Immigration Review (EOIR), not the military or state government. They go through a strict hiring process and follow uniform rules. Under DeSantis’s plan, Florida National Guard JAG officers would not be Article III federal judges but would serve as “executive branch employees” managing immigration rulings at the state level.
This change would set Florida apart, as no other state currently uses National Guard members as stand-ins for immigration judges on this scale.
Governor Ron DeSantis
Governor Ron DeSantis has made tough immigration enforcement a center point of his work as governor. His recent actions may reflect both changing trends in how leaders respond to border security and new ideas about state roles in immigration. Through his press conferences and public statements, DeSantis has emphasized quick results, partnership with federal agencies, and a desire to act where he sees the federal government moving too slowly.
Immediate and Long-Term Effects
If the plan is carried out, it could reshape how immigration laws are enforced in Florida on a daily basis. Here’s how different groups might be affected:
- Immigrants: People found in Florida without legal status could face faster arrests and court cases. With state-run detention and possible deportation flights, they might spend less time waiting for hearings but could also lose some legal safeguards if not all procedures are followed closely.
- Family Members and Employers: Families and businesses that rely on immigrant workers may worry about worker shortages or sudden detentions. These changes could affect the local economy and communities with many immigrants.
- Law Enforcement: County sheriff’s departments and local police might need new training or resources to work under the expanded state-run system.
- Legal System: The role of lawyers, judges, and the appeals process could shift. National legal groups may step in to challenge the plan if it becomes law.
In the longer term, a successful effort in Florida could open the door for other states to ask for similar powers, especially if federal resources or immigration courts remain backlogged.
Comparing State and Federal Approaches
Usually, immigration judges and detention are managed at the federal level, through U.S. Citizenship and Immigration Services (USCIS) and ICE. You can find more details about the typical immigration court process through this official U.S. Department of Justice page on Immigration Court.
Florida’s plan would move some of those powers into state hands, under the control of state law and guidelines. This raises questions about how state and federal efforts would work together—especially in situations where federal rules are different from state plans.
Controversy and the Path Forward
Even as the plan moves through official channels, legal experts expect it to face court challenges. Critics say current law puts all immigration court power in federal hands, and that only Congress can allow states to change that. Supporters argue that states should step in, especially if they think federal action is too slow or doesn’t fit local needs.
The debate over this plan comes at a time when states are taking more interest in managing migration at their own borders and controlling what happens to people who come in illegally. The outcome in Florida may set a pattern for the rest of the country.
Conclusion
In summary, Governor Ron DeSantis has introduced a bold approach to immigration enforcement in Florida, asking to use Florida National Guard JAG officers as immigration judges and pushing for more state control over the process. Operation Tidal Wave and new laws set the groundwork for this plan, reflecting a strong and coordinated effort by state officials.
Backers see this as necessary to manage undocumented migration in Florida. But attorneys, advocates, and some lawmakers are worried about legal rights, fairness, and whether these changes cross important boundaries between state and federal powers.
The plan’s fate rests with the Department of Homeland Security and the Trump administration. If allowed, it could open new doors for other states to follow suit and reshape immigration enforcement for years to come.
As reported by VisaVerge.com, the discussion about the Florida National Guard, immigration judges, and the actions of Ron DeSantis continues to develop, and many will be watching how federal authorities respond before the next steps are taken. For Floridians, immigrants, and legal experts, the future of the state’s immigration enforcement will depend on both legal decisions and ongoing public debate.
Learn Today
JAG (Judge Advocate General) → Military lawyers who advise on military law; in this plan, could serve as state immigration judges after special training.
Operation Tidal Wave → Florida’s largest immigration enforcement effort, partnering state, local, and federal agencies to arrest undocumented immigrants.
Section 287(g) → A provision of the federal Immigration and Nationality Act allowing state-local agencies to assist federal immigration enforcement.
Article III Judges → Federal judges appointed for life to the federal bench; not the role proposed for National Guard JAG officers.
Due Process → Legal rights guaranteeing fair treatment in court, especially important in deportation and asylum cases.
This Article in a Nutshell
Governor Ron DeSantis’s plan to make Florida National Guard JAG officers immigration judges could fundamentally shift state immigration enforcement. Tied to Operation Tidal Wave’s 1,100 arrests, this proposal awaits federal approval and ignites debate over due process, legal standards, and whether states should control immigration court proceedings previously reserved for the federal government.
— By VisaVerge.com
Read more:
• Immigration protests in Tulsa lose steam as fear grows in communities
• Federal Prosecutors Flood Minnesota With Immigration Cases
• USCCB underscores dignity for all in immigration matters, says Bishop Seitz
• Federal immigration enforcement leads to arrests across Bloomington
• Mark Carney pledges immigration caps to ease Canada’s housing crisis
