Immigration Law in Florida
This page covers immigration law as it applies in Florida — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what immigration protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
Immigration law in the United States is almost entirely federal — set by Congress and enforced by agencies such as U.S. Citizenship and Immigration Services and the immigration courts — but Florida has added state-level rules that affect employers, hospitals, and the transportation of undocumented individuals into the state. If you believe your immigration status is at risk, contact an immigration attorney or accredited representative as soon as possible, because many deadlines are measured in days and missing them can permanently close your options.
Laws that govern immigration in Florida
Florida state law
- Florida E-Verify Employment Eligibility VerificationFla. Stat. § 448.095
Requires private employers with 25 or more employees and all public agencies to use the federal E-Verify system to confirm the work eligibility of new employees, effective July 1, 2023.
- Florida Immigration Enforcement Act of 2023Fla. SB 1718 (2023 Reg. Sess.)
Florida's 2023 immigration enforcement law that invalidated certain out-of-state driver's licenses for undocumented immigrants, required Medicaid-participating hospitals to ask about patient immigration status, and made knowingly transporting undocumented individuals into Florida a felony.
Federal law
- U.S. Constitution
The supreme law of the United States; its text and amendments guarantee core civil rights and liberties.
- Title 8 — Aliens and Nationality
The U.S. Code title that houses these federal statutes.
- Immigration and Nationality Act of 1952 (McCarran-Walter)
Foundation of modern U.S. immigration law. Substantially amended by the Hart-Celler Act (1965), IRCA (1986), and IIRIRA (1996). Codified at 8 U.S.C. ch. 12.
- Immigration Reform and Control Act of 1986
Required employer verification (I-9), criminalized hiring unauthorized workers, and legalized about 2.7 million long-resident undocumented immigrants.
- Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Dramatically expanded grounds for removal and detention, narrowed relief from deportation, created expedited removal. Foundation of modern enforcement law.
- Refugee Act of 1980
Created the modern U.S. refugee resettlement program and standardized asylum procedures. Amended the INA.
- Trafficking Victims Protection Act of 2000
First comprehensive federal law to address human trafficking; created T and U visas. Codified at 22 U.S.C. ch. 78.
Florida-specific deadlines for immigration cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Deadline to file an asylum application: 1 year from last arrival in the United States
You must file Form I-589 within one year of your last entry. Limited exceptions exist for changed or extraordinary circumstances, but they are not automatic — you must affirmatively show that an exception applies.
INA § 208(a)(2)(B); 8 U.S.C. § 1158(a)(2)(B)
- Deadline to appeal an immigration judge's decision to the Board of Immigration Appeals: 30 days
The Board of Immigration Appeals cannot extend this deadline. The clock starts from the date the decision is issued or mailed, not from when you receive it.
8 C.F.R. § 1003.38(b)
- Deadline to petition a federal court of appeals to review a Board of Immigration Appeals decision: 30 days
Courts have held this deadline is mandatory and jurisdictional — it cannot be extended even for good cause. Filing the petition does not stop deportation; you must separately request a stay of removal from the circuit court.
INA § 242(b)(1); 8 U.S.C. § 1252(b)(1)
- Deadline to file a motion to reopen proceedings before an immigration judge: 90 days
A motion to reopen asks the immigration court to reconsider its decision based on new facts or evidence. The deadline may differ in certain situations, such as cases involving claims of attorney error.
8 C.F.R. § 1003.23(b)(1)
- Deadline to depart under a voluntary departure order (post-conclusion): Up to 60 days, as set in the order
Failing to leave by the granted date causes the order to automatically convert to a removal order and can bar you from certain immigration benefits for up to 10 years.
INA § 240B(b)(2); 8 U.S.C. § 1229c(b)(2); 8 C.F.R. § 1240.26(c)
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for immigration in Florida.
The federal agency that processes immigration applications, petitions, and benefit requests including green cards, work permits, naturalization, asylum, and DACA renewals.
Federal agency that processes immigration applications and petitions including green cards, work permits, citizenship, and asylum; Texas has multiple field offices and appointments are required to visit them.
Processes applications for immigration benefits — including green cards, work permits, asylum, and naturalization — and operates field offices in Miami, Tampa, and Jacksonville.
Processes applications for green cards, naturalization, work authorization, and other immigration benefits for Pennsylvania residents; scheduled appointments are required.
The federal agency that processes immigration benefit applications — including green cards, work permits, asylum, and naturalization — and is the primary contact for people seeking to obtain or change immigration status.
The federal agency that adjudicates most immigration benefit applications, including green cards, work permits, asylum, and naturalization; Ohio residents are served by Application Support Centers in Cleveland, Columbus, and Cincinnati.
The federal office that administers the U.S. immigration court system and the Board of Immigration Appeals; contact if you have received a Notice to Appear or have a removal hearing scheduled.
The Department of Justice office that operates the immigration courts where removal proceedings are heard and the Board of Immigration Appeals (BIA) that reviews immigration judge decisions on appeal.
Administers the federal immigration court system; Florida immigration courts sit in Miami, Orlando, Tampa, Jacksonville, and at the Krome Detention Center.
The federal immigration court serving Pennsylvania where removal proceedings and asylum hearings are conducted.
The federal immigration court serving Ohio where removal proceedings, asylum hearings, and other contested immigration matters are decided before an immigration judge.
- Florida Legal Serviceslegal aid
Statewide nonprofit providing free legal representation to low-income immigrants, including farmworkers, unaccompanied children, and crime victims.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Florida
- 1
Identify your current immigration status and gather your documents
Your status — such as visa holder, lawful permanent resident, asylum seeker, or person in removal proceedings — determines which deadlines and options apply to you. Collect all government notices, travel documents, and court orders before seeking help.
- 2
Get legal help before any court date or government deadline
Immigration cases involve strict, rarely-extended deadlines. Contact a nonprofit legal aid organization, an accredited representative, or a licensed immigration attorney as early as possible — ideally before your first hearing.
- 3
Apply for asylum within one year of arriving in the United States
If you fear persecution in your home country, you must generally file Form I-589 with U.S. Citizenship and Immigration Services within one year of your last entry into the United States. Missing this deadline can permanently bar you from asylum even if you would otherwise qualify.
- 4
If you receive an unfavorable decision, appeal within 30 days
An appeal from an immigration judge's decision to the Board of Immigration Appeals must be filed within 30 days. A further appeal from the Board to a federal circuit court of appeals must also be filed within 30 days. Both deadlines are strictly enforced with very limited exceptions.
- 5
Understand Florida's state-level immigration requirements
Florida law requires most private employers with 25 or more employees to use the federal E-Verify system to check the work authorization of new hires. A separate Florida law makes it a felony to knowingly transport into Florida a person who entered the United States unlawfully and has not been processed by federal immigration authorities.
- 6
Keep copies of all documents and note every deadline date
Every notice from U.S. Citizenship and Immigration Services or an immigration court may start a legal clock. Store originals securely and write down the date you received each piece of government communication.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about immigration in Florida
Does Florida have its own immigration law?
Immigration law is almost entirely federal in the United States — states cannot issue visas or grant citizenship. Florida, however, has enacted state laws that intersect with immigration. The most significant, signed in 2023, requires larger private employers to use E-Verify, restricts certain out-of-state driver's licenses issued to undocumented immigrants, requires hospitals receiving Medicaid funding to ask patients about immigration status, and makes it a felony to knowingly transport certain undocumented individuals into Florida.
What is the one-year asylum deadline, and what happens if I miss it?
Under federal law, you must generally file your asylum application — Form I-589 — within one year of your last arrival in the United States. If you miss this deadline, you may lose the right to apply for asylum, though limited exceptions exist for changed or extraordinary circumstances. An immigration officer or judge decides whether an exception applies; missing the deadline does not automatically grant you an exception.
I received a removal order from an immigration judge. What can I do in Florida?
You can appeal to the Board of Immigration Appeals within 30 days. If the Board rules against you, you can petition a federal circuit court of appeals within another 30 days. You may also file a motion to reopen your case within 90 days if new evidence exists. Filing an appeal does not automatically stop your deportation — you must separately request a stay of removal from the reviewing court.
My Florida employer asked me to complete E-Verify. Is that required?
Florida law requires private employers with 25 or more employees to use the federal E-Verify system to verify the work authorization of new hires — not existing employees — beginning July 1, 2023. All Florida public agencies must use E-Verify regardless of size. E-Verify is an internet-based system operated by the U.S. Department of Homeland Security.
Can I get free immigration legal help in Florida?
Yes. Florida Legal Services provides free or low-cost representation to low-income immigrants, including farmworkers, unaccompanied children, and crime victims, at locations across the state. The Florida Bar Lawyer Referral Service can connect you with a licensed immigration attorney for an initial 30-minute consultation at no more than $25. Local nonprofit immigration clinics are also available in many Florida cities.
What is Deferred Action for Childhood Arrivals (DACA), and can people in Florida apply?
Deferred Action for Childhood Arrivals is a federal program that shields certain individuals who were brought to the United States as children from deportation and grants work authorization. The program has been subject to ongoing federal court litigation that has affected whether new applications can be accepted. Check the U.S. Citizenship and Immigration Services website for the current status of new applications and renewals, as court orders have changed the rules over time.
What is voluntary departure, and how does it differ from deportation?
Voluntary departure is a legal option in which a non-citizen agrees to leave the United States on their own rather than be forcibly removed. An immigration judge may grant up to 60 days to depart at the end of a case. Choosing voluntary departure can make it easier to legally return in the future, while a formal removal order may bar reentry for years. Failing to leave by the granted deadline converts the order to a removal order and can trigger additional legal penalties.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.