Florida’s immigration laws often intersect with federal regulations and statutes.

While states do not have the authority to create their own immigration policies o

r alter federal immigration law, they can enforce certain aspects and cooperate with federal immigration authorities within the limits of the law.

Florida, like other states, may implement policies related to immigration in areas such as law enforcement, employment, education, and public benefits. However, state policies must align with federal laws and constitutional principles.

Key Aspects of Florida’s Involvement in Immigration:

1. Law Enforcement and Immigration:

Florida law enforcement may cooperate with federal immigration authorities, especially concerning detaining individuals suspected of violating immigration laws. However, local authorities must operate within the bounds of the law and constitutional rights.

2.E-Verify and Employment:

Florida employers may be required to use the federal E-Verify system to confirm the employment eligibility of workers.

3. Public Benefits:

The state may establish eligibility requirements for public benefits, potentially excluding undocumented immigrants from certain state-funded programs.

4. Education:

State laws typically guarantee education access to all residents, regardless of immigration status, in alignment with federal rulings such as Plyler v. Doe.

Case Law:

While Florida’s involvement in immigration matters often aligns with federal policies, legal cases in the state have addressed specific aspects of immigration law.

One significant case is “Florida v. United States.” In this case, Florida, among other states, challenged the Deferred Action for Parents of Americans (DAPA) program, which aimed to provide temporary relief from deportation to certain undocumented immigrants. The states argued that the DAPA program was an overreach of federal authority and was not in line with the Administrative Procedure Act (APA).

The case reached the U.S. Supreme Court, which ultimately resulted in a tie following the death of Justice Antonin Scalia. As a result of the tie, the lower court’s decision stood, which blocked the implementation of the DAPA program. The case had substantial implications for the legal status of undocumented immigrants and the extent of executive authority in implementing immigration policies.

While this case did not specifically focus on Florida law, it highlighted the role states played in challenging federal immigration policies and the implications for immigration regulations in the state.

Florida’s involvement in immigration law primarily centers on areas where state laws interact with federal immigration policies, enforcement, and compliance. The state’s immigration landscape is continually evolving, influenced by federal rulings, court cases, and changes in national immigration policies.