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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.

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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.

Browse all of Florida’s statutes →

Federal law

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.

How to take action in Florida

  1. 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. 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. 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. 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. 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. 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.