Immigration law in the United States, including in the state of Florida, is a complex area of law that deals with the regulation of individuals’ entry, stay, and status within the country. While immigration law is primarily governed by federal statutes and regulations, states like Florida may have certain laws and policies related to immigration enforcement and cooperation with federal immigration authorities.
Federal Jurisdiction
Immigration law falls primarily under the jurisdiction of the federal government, specifically the U.S. Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland Security (DHS). The federal government establishes the overall framework for immigration policy and enforcement throughout the United States.
Visas and Immigration Categories
Federal immigration law sets out various nonimmigrant visas (temporary visas) and immigrant visas (permanent residence or “green cards”). These categories include visas for work, study, family reunification, refugee and asylum status, and more. The requirements and processes for obtaining these visas are set at the federal level.
Immigration Enforcement
Immigration and Customs Enforcement (ICE), an agency within the DHS, is responsible for immigration enforcement. ICE focuses on identifying and apprehending individuals who are in violation of immigration laws, including those who entered the country without proper authorization or have overstayed their visas.
State-Level Immigration Laws
While immigration enforcement is primarily a federal matter, some states, including Florida, have enacted laws and policies related to immigration. These state-level laws can address issues such as law enforcement’s interaction with immigration authorities, employment verification, and access to public benefits for undocumented immigrants.
Sanctuary Cities
Florida does not have statewide sanctuary city laws. However, some cities and localities within the state may adopt their own policies regarding cooperation with federal immigration authorities. These policies may limit the extent to which local law enforcement agencies actively participate in immigration enforcement.
Dreamers and DACA
The Deferred Action for Childhood Arrivals (DACA) program is a federal policy that provides temporary relief from deportation and work authorization for certain individuals who were brought to the U.S. as children. DACA recipients, often referred to as “Dreamers,” may be eligible for protection in Florida and across the country.
Detention and Removal Proceedings
When individuals are apprehended for immigration violations, they may go through immigration court proceedings to determine their immigration status and potential removal from the country. These proceedings are overseen by immigration judges in the Executive Office for Immigration Review (EOIR).