Undocumented immigrants in Florida can now be detained and incarcerated for driving without a valid driver’s license and other minor offenses under new guidance issued to state troopers.
According to a memo obtained by The Miami Herald, the Florida Highway Patrol (FHP) has instructed officers to arrest individuals in such circumstances and transport them to county jails, where they may be tagged for deportation.
“Every effort should be made to take the subject into custody and deliver them to a county jail,” the Florida Highway Patrol’s chief attorney, Bill Milton, wrote in the document. Once booked, troopers are instructed to notify jail personnel whether the subject is wanted by U.S. Immigration and Customs Enforcement (ICE), which might aid federal immigration enforcement activities.
According to a letter obtained by The Miami Herald, troopers can detain anyone who is not accused of committing a crime for up to an hour if they are detected in a national crime database with civil immigration orders.
“Prolonging a traffic stop without reasonable suspicion of a crime is a violation of the 4th Amendment,” said Alana Greer, director of the Community Justice Project. She cited a 2015 Supreme Court decision that found even a seven- to eight-minute delay in a traffic stop to be unlawful.
While Florida troopers do not yet have federal authority to execute immigration laws, the memo directs them to make arrests for unrelated violations like reckless driving or outstanding felony warrants. This approach is consistent with Governor Ron DeSantis’ attempt to incorporate state law enforcement into immigration enforcement activities.
“Florida is setting the example for states in combating illegal immigration and working with the Trump Administration to restore the rule of law,” DeSantis stated in a February 19 press release.
Despite efforts to press for such measures, Florida’s Highway Patrol is facing significant manpower and financial shortfalls, according to local WFSU Public Media. Paul Novack, a member of the FHP Advisory Council, has advocated for an additional $70 million in funding to support recruiting and retention. “State troopers need to be compensated fairly,” Novack told WFSU, adding that inadequate pay has contributed to a manpower shortage of several hundred police.
On January 30, the Miami Herald reported that the Florida Police Benevolent Association, which represents FHP troopers, cautioned that without a greater budget, police would be “hard pressed” to carry on new immigration enforcement duties. William Smith, the association’s president, remarked that he stated that FHP has approximately 150 open positions and that the department wanted $12 million in the 2025-26 budget to enhance salaries and hire more troopers.
Despite these obstacles, DeSantis reached an agreement with ICE in late January, allowing FHP troopers to be deputized to carry out some federal immigration enforcement duties.
