TALLAHASSEE, Fla. — A new agreement between the federal government and the Florida Highway Patrol is giving troopers new immigration enforcement powers.
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On Friday, Governor Ron DeSantis hosted a press conference, detailing those new powers and hoisting up the memo signed with the federal government.
We have already seen local agencies across the state with work with the Department of Homeland Security to arrest undocumented immigrants, but the memo gives FHP the power to do much of that on their own.
According to DeSantis, the agreement will allow troopers to interrogate, arrest, and serve or execute warrants if a person is suspected of being undocumented.
Florida joins the state of Texas, where several local law enforcement agencies have entered into similar agreements with the federal government under section to 287(g) of the Immigration and Nationality Act.
Desantis said the 287(g) agreement between FHP and the federal government will also allow troopers to arrest or detain undocumented immigrants as they enter the U.S. at ports of entry or via water off Florida’s coastline.
“This is a deputization of state enforcement entities. It will allow our ongoing operations to continue, but it will also establish permanent path forward for dealing with illegal migrants in police custody,” said DeSantis.
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Orlando-based immigration attorney, Frank Symphorien-Saavedra said while FHP will have new powers, the agreement doesn’t give FHP any new reasons to make traffic stops.
“There has to be some infraction, some violation, something that they’re enforcing that is part of state law, not part of federal immigration law,” said Symphorien-Saavedra.
Symphorien-Saavedra noted these kinds of agreements carry risks including opening the door to potential racial profiling.
He also said it could have a chilling effect in immigrant communities, making people less likely to contact law enforcement.
“These types of programs did not make the community safer,” said Symphorien-Saavedra, “What you’re going to have is a lot of Latinos and brown people profiled.”
He pointed to the outcome of a similar agreement enacted under section 287(g) in Arizona in 2007.
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The Maricopa County Sheriff, Joe Arpaio, entered into an agreement with the federal government, but the agreement was ultimately suspended after 3-year investigation by the DOJ found civil rights abuses and racial profiling.
The Governor stated Friday, FHP troopers will get extensive training on how to exercise their new immigration enforcement duties without running afoul of the law, but immigration advocates have concerns.
“For the most part, we’re talking about a 4- or 6-week training. Right. Where you’re going to teach them an extremely complicated area of law where lawyers and judges oftentimes don’t agree,” said Symphorien-Saavedra.
Symphorien-Saavedra also gave the below pieces of advice to undocumented individuals or those who are still working toward their permanent residency amid the new agreement.
- Don’t drive without a license. Be prepared to present identification is stop and know that if you are arrested Florida Highway Patrol Troopers can ask about your immigration status.
- Understand the right to stay silent and exercise that right if needed.
- Find legal counsel registered with the Florida Bar that has immigration expertise. Make sure your documentation is up to date and work toward at least a work permit.
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