Florida's New Directive Mandates Arrests of Undocumented Drivers for Any Violation

A recent directive from the Florida Highway Patrol (FHP) mandates that officers arrest and detain undocumented immigrants for any traffic violation, such as driving without a valid license, with the aim of facilitating their deportation. According to a memo dated March 6, obtained by El Nuevo Herald, FHP's chief attorney, Bill Milton, instructed officers to take decisive action against any violation committed by individuals without legal immigration status, stating that "every effort should be made to detain the subject and deliver them to a county jail."

This internal guidance, which has not been publicly released until now, also allows officers to hold individuals for up to an hour, even if they are not suspected of a crime, while waiting for federal immigration agents to arrive. This directive has sparked strong criticism from legal experts and civil rights organizations, who argue that it may violate the Fourth Amendment of the U.S. Constitution, which protects against arbitrary detentions, as highlighted by El Nuevo Herald.

Despite the lack of federal authority to enforce immigration laws, the state has trained over 1,100 officers under the federal 287(g) program, which would permit them to detain, interrogate, and arrest individuals suspected of being undocumented. However, none have yet been certified to exercise this authority, according to the cited news outlet.

The state of Florida is aligning itself with the immigration crackdown encouraged during Donald Trump's administration, and Milton notes in the memo that the national database used by the FHP now includes approximately 700,000 individuals with civil immigration arrest warrants added by the former president to "maximize operations of control and deportation of illegal immigrants." Milton emphasizes that, although these are civil warrants, officers should not disregard them: "These are civil arrest warrants, not criminal. Currently, law enforcement does not have the authority to enforce them." However, he advises officers to consider this information during traffic stops, even if no criminal offense is evident.

If the Department of Homeland Security (ICE) does not arrive within the one-hour wait period, officers are instructed to gather all available personal information, including residence and employment details, before releasing the individual. This practice has been deemed unconstitutional by civil rights organizations.

"Extending a traffic stop without reasonable suspicion of a crime is a violation of the Fourth Amendment," stated Alana Greer, director of the Community Justice Project, as reported by El Nuevo Herald. Greer referenced a 2015 Supreme Court ruling that established even a seven- or eight-minute extension without reasonable cause as illegal, questioning how Milton justified a "reasonable time" of up to an hour.

The Supreme Court was clear: "A 'reasonable time' must be related to the mission of the detention. Extending it is only valid if there is reasonable suspicion of another crime," a detail that FHP's directive overlooks, according to experts. Amy Fettig, co-executive director of Fair and Equitable Prosecution, criticized the measure as a costly distraction: "An entire hour? For something unrelated to public safety?" she questioned.

"They're using local resources to curry favor with the federal government," added Fettig, according to El Nuevo Herald, warning that this policy diverts police work from truly serious crimes and instills unnecessary fear in vulnerable communities: "It's not about a mother driving without a license. It's about someone out there with a gun who could assault you."

Meanwhile, the FHP has refrained from publicly addressing questions about the guidance, increasing uncertainty about how this policy is being applied on the streets. This new directive aligns with the tightening of immigration policies in Florida, driven by Governor Ron DeSantis, who has openly declared that state police with federal authority could directly participate in deportation processes.

Although federal certification has not yet been granted, the state is already acting as if it had that power, a legally ambiguous and highly questionable situation, the news portal emphasized. The impact of these measures could be especially felt in South Florida, home to a large immigrant population—including many Cubans—now facing the risk of arrest and potential deportation for minor traffic violations.

Immigration lawyers and activists are preparing to file legal challenges to halt this policy as fear grows among affected communities. What the state sees as a measure of immigration control, many view as another step toward the criminalization of immigrants' daily lives.

According to reports from Univisión, these new regulations allow even minor infractions, such as an unpaid parking ticket, to trigger detention and subsequent arrest if the driver is an undocumented immigrant. Criminal lawyer Chris Aldanondo, a former prosecutor in Miami, warned that these actions can start with everyday situations: "Sometimes people have traffic tickets, forget about them, don't pay them, and then their license gets suspended," he explained, highlighting how easy it is to fall under the Highway Patrol's radar under the new rules.

Aldanondo also cautioned that the one-hour retention period outlined in the guidelines could directly violate Supreme Court jurisprudence: "The Supreme Court has already established that an hour may be excessive for a parameter," he stated, referring to constitutional limits on prolonged detentions without reasonable suspicion.

During these stops, officers have access to a national database maintained by the Department of Homeland Security (DHS), listing the names of hundreds of thousands of immigrants wanted for immigration reasons. This information often comes from individuals who have gone through immigration courts, although they may not necessarily have criminal records.

Neither the Florida Highway Patrol nor the Department of Homeland Security (ICE) has responded to multiple requests for information on the scope and legality of these directives, increasing concern among activists and lawyers. These measures align with Governor Ron DeSantis' stated goals of training and certifying state troopers to directly arrest undocumented immigrants during traffic stops, without prior federal intervention.

While formal certification is still pending, the state continues to operate as if it already had that authority, in what many consider a political pressure strategy with serious human and legal consequences.