(FLORIDA) — A new legislative push by Florida Democrats, filed December 3, 2025 and continuing into the January 2026 session, seeks to curb Governor Ron DeSantis’ repeated use of emergency powers to fund and expand state-led immigration enforcement—while federal-state cooperation on arrests and detention continues to accelerate.
What changed and when
The change is not a new immigration statute taking effect today. Instead, the legal posture shifted as Democrats introduced a package aimed at ending or limiting the governor’s ongoing “immigration state of emergency,” first declared in January 2023 and repeatedly extended.
The proposals would, if enacted, do the following:
- Terminate the emergency declaration.
- Restrict renewals without legislative approval.
- Require public reporting of immigration enforcement actions and spending.
Effective dates would depend on final passage and the bills’ enacted text.
Sources, governing law, and operational backdrop
Key immediate sources and authorities:
- Florida’s pending measures: SCR 704, SB 700/HB 621, and SB 708.
- The governor’s continuing executive orders posted by the state.
- Federal authorities and implementing rules:
- INA § 287(g) — allows DHS to delegate certain immigration enforcement functions to trained local officers via written agreements.
- Immigration custody and removal processes governed by federal statute and regulations, including:
- 8 C.F.R. § 1236.1 (EOIR custody determinations)
- 8 C.F.R. part 1240 (immigration court proceedings)
Who is affected
Several groups are directly implicated:
- Noncitizens in Florida who may encounter local law enforcement.
- Florida leads the nation in 287(g) agreements, covering all 67 counties.
- This increases the chance that an arrest for a state offense triggers an immigration detainer, transfer to ICE, or removal proceedings.
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TPS holders and mixed‑status families.
- Temporary Protected Status is authorized by INA § 244 and implemented at 8 C.F.R. § 244.
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When a TPS designation ends, work authorization tied to TPS typically ends as well, subject to any Federal Register transition periods and litigation.
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Employers and workers.
- Employers may face work authorization transitions, reverification questions, and job interruptions when TPS EADs expire.
- Form I‑9 rules are federal and apply nationwide, regardless of state policy.
Practical impact on the ground
State emergency declarations can influence how Florida spends money and deploys resources for detention, transport, and contracting.
Senator Tina Polsky, who introduced the December package, argued the emergency framework lets the governor bypass multiple state oversight laws. If the proposed limits pass, agencies may need legislative approval for continued expansions or for repeated renewals.
At the same time, DHS has signaled an enforcement surge: officials have publicly cited increased staffing and described large-scale removals and arrests. Florida has reported substantial arrests tied to “Operation Tidal Wave,” with state-run detention sites and additional facilities seeking federal approval.
Important procedural notes:
- Even where Florida funds facilities, federal removal proceedings remain federal.
- People transferred to DHS custody typically face proceedings in Immigration Court (EOIR), with appeal to the BIA and then federal circuit court.
Example scenarios
- A TPS holder whose status ends may still have options. They may seek:
- Asylum under INA § 208
- Withholding of removal under INA § 241(b)(3)
- Protection under CAT regulations
- Family-based adjustment, if eligible
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A noncitizen arrested for a minor offense may be screened under a local 287(g) program. That screening can lead to ICE custody — sometimes even without a conviction, depending on facts and local practices.
Warning (Enforcement Risk): An arrest or jail booking in a 287(g) county may increase the chance of ICE involvement, even for nonviolent or low-level charges. Speak with criminal and immigration counsel before entering any plea.
Pending litigation and judicial constraints
Florida’s enforcement efforts have faced judicial pushback. A key example is the federal injunction against Florida’s SB 4‑C, which sought to criminalize entry into Florida.
- Reports indicate allegations that some officers continued enforcement despite the injunction, prompting civil contempt proceedings involving the state attorney general.
- Injunction violations can change enforcement guidance quickly and may create grounds for individual defenses.
⚠️ A 287(g)–tied screening can lead to ICE custody even for nonviolent offenses. Consult both criminal and immigration counsel before pleading or accepting any agreement if you’re in a 287(g) county.
Constitutional and preemption context:
- States have limited power to create independent immigration crimes or removal systems.
- Federal preemption disputes often turn on precise statutory text and implementation details; outcomes can vary by federal circuit.
Warning (Injunctions Change Fast): If a court blocks a state immigration measure, enforcement practices may still vary by jurisdiction until agencies issue clear guidance. Document encounters and contact counsel promptly.
Transition rules and “grandfathering”
The Florida bills discussed are prospective governance changes. If enacted, they would typically apply forward, but could also impose new reporting or approval rules on ongoing contracts.
- Whether existing contracts are “grandfathered” depends on final bill language and any implementing regulations.
- For TPS, transition periods are typically published in the Federal Register and on USCIS updates.
- TPS-related EAD validity sometimes extends automatically for limited periods under Federal Register notices.
- Individuals must follow the notice applicable to their nationality and designation.
Deadline (TPS/EAD): If your TPS-based EAD is expiring, check the Federal Register notice and USCIS updates immediately. File any eligible extension or alternative application before the stated deadline.
Recommended actions and timeline
- This week
– Monitor the Florida legislative docket for movement on SCR 704, SB 700/HB 621, and SB 708.
– Confirm the status of the current executive order on the Florida governor’s website.
đź’ˇ Track the Florida bills SCR 704, SB 700/HB 621, and SB 708 this session. If any are enacted, note when reporting or approvals become required and plan to adjust budgets and contracts accordingly.
- Within 30 days
– If you are a TPS holder or in a mixed‑status household, consult counsel about backup options: asylum-related screening, family petitions, employer sponsorship feasibility, or cancellation screening.
- Before any travel or reentry
– Noncitizens with pending cases should speak with an attorney before travel. CBP inspection at ports of entry can raise risks even with valid documents.
- If arrested
– Request criminal defense counsel and consult an immigration attorney before pleading. Pleas can trigger removability or bar relief under federal law.
Official resources (government)
- USCIS Newsroom
- DHS News
- Federal Register (TPS and notices)
- EOIR Immigration Court information: EOIR
⚖️ Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Immigration cases are highly fact-specific, and laws vary by jurisdiction. Consult a qualified immigration attorney for advice about your specific situation.
Additional resources
- AILA Lawyer Referral
Florida Democrats have introduced a legislative package to limit Governor Ron DeSantis’ use of emergency powers for immigration enforcement. The bills seek to end the 2023 emergency declaration, require legislative approval for renewals, and demand transparency in spending. Meanwhile, 287(g) agreements across all Florida counties facilitate local cooperation with federal authorities, heightening risks for noncitizens. Legal experts advise TPS holders and those with minor arrests to seek counsel immediately.
