No. Florida is not a sanctuary state, and state law goes the other way: Chapter 908 of the Florida Statutes prohibits state and local governments from adopting sanctuary policies and requires sheriffs who run county jails to enter 287(g) agreements with ICE. This guide explains what those provisions say, what a 287(g) agreement is, and what they mean for immigrants and their families in Central Florida.
The short version
Sanctuary policies: banned by Fla. Stat. § 908.103.
287(g): sheriffs who operate a county detention facility must have a written 287(g) agreement with ICE under § 908.11.
What it does not mean: it does not make every police officer an immigration agent, and it does not decide the outcome of any individual case. Your rights and options still depend on your own facts.
Key Takeaways
- Florida law bars sanctuary policies, defined as policies that prohibit or impede compliance with federal immigration requirements such as honoring detainers.
- Counties, not just the state, are part of the picture: each sheriff running a county jail must have a 287(g) agreement, and local rules vary by county.
- An ICE detainer is a request, not an order, and it has a time limit. What happens after an arrest in Florida often turns on that detainer and on the person’s history.
What does Florida law say about sanctuary policies?
The statute is Chapter 908 of the Florida Statutes. As published on the Florida Legislature’s website, section 908.103 says a state entity, law enforcement agency, or local governmental entity “may not adopt or have in effect a sanctuary policy.” Section 908.102 defines a sanctuary policy as one that prohibits or impedes compliance with federal immigration requirements, such as honoring immigration detainers, notifying federal agencies before an inmate’s release, or giving federal agencies access to inmates for interviews.
The chapter goes further than a ban. Section 908.104 requires state and local agencies and officials to use “best efforts” to support federal immigration enforcement, and it requires a sheriff or chief correctional officer, on request, to give federal agencies a list of booked inmates and their immigration status. Section 908.105 deals with detainers: an agency holding someone under a detainer must notify the bail judge and the state attorney, record the detainer in the case file, and comply once the detainer is confirmed valid.
The statute also carries enforcement tools. Under section 908.105, the Attorney General must sue a local government that refuses to honor detainers, and if the violation is knowing and willful, a court must assess a civil fine of up to $5,000 against the responsible official or agency head. Under section 908.107, the Governor may act against officers who violate the chapter, including suspension from office. Laws change, so confirm the current text before relying on any section number.
What is a 287(g) agreement?
ICE describes 287(g) as a voluntary partnership between its Enforcement and Removal Operations and state and local law enforcement agencies, added to the Immigration and Nationality Act in 1996. According to ICE’s 287(g) fact sheet, the program has three models:
- Jail Enforcement Model: lets designated officers in a jail identify noncitizens in custody who have criminal convictions or immigration violations and begin immigration proceedings against them.
- Warrant Service Officer Program: lets officers serve civil immigration warrants for ICE, but only inside their detention facilities.
- Task Force Model: lets officers use limited immigration authority during routine police work, under ICE oversight.
Which model a county uses changes how an arrest turns into an immigration case. Under Florida law, section 908.11 requires the sheriff or chief correctional officer who operates a county detention facility to enter a written agreement with ICE, and the State Board of Immigration Enforcement must approve any termination. The statute does not require a particular model.
What does this look like in Central Florida?
We have written county-by-county guides because the practical details differ. If you live in or near Orlando, read how 287(g) works in Orange County, Seminole County, and Osceola County. For other parts of the state, see Hillsborough, Broward, Palm Beach, Polk, and Duval. Each guide covers who is affected and what to do if you are stopped or arrested.
The common thread is the jail. When someone is booked, the agency checks immigration status, and ICE may lodge a detainer. Our article on being arrested in Orange County and now on an ICE hold explains what happens next.
What is an ICE detainer, and what does it not do?
Under 8 CFR 287.7, a detainer is a request that the holding agency notify the Department of Homeland Security before releasing someone so DHS can take custody. The regulation limits how long a person who is not otherwise held may be kept on a detainer: not to exceed 48 hours, excluding Saturdays, Sundays, and holidays. A detainer is not a conviction, it is not a removal order, and it does not by itself decide whether someone is eligible for bond or other relief.
That last point is important. The realistic options for getting someone out of ICE custody are bond, a habeas corpus petition, or parole, and which one, if any, is available depends on the person’s history and the legal basis for detention. Read how much an immigration bond costs in Florida and what a judge weighs at a bond hearing. The wrong filing at the wrong time can create new problems, so we do not give a one-size answer.
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Does Florida’s approach change anyone’s rights?
It changes how much cooperation local agencies must provide, not what rights a person has in a case. A person arrested in Florida still has the right to an attorney and still has whatever defenses and forms of relief the law gives them. Our overview of deportation defense and forms of relief in 2026 lists the main ones. Whether any fits you depends on how long you have been here, your family ties, your history, and your fear of return.
It also does not mean the rules are identical everywhere. Local policies, jail practices, and the ICE facility a person is moved to all vary. Our guide to ICE detention centers in Florida lists where people are held, and supporting a loved one in ICE detention explains how families stay in contact.
What should you do if you or a family member is arrested?
Stay calm and be careful about what you sign or say about your status. Gather the person’s full legal name, date of birth, A-Number if there is one, and any court or immigration papers, and get them to an attorney quickly. We do not tell people to act “within a set number of hours” as a universal rule, because the right step depends on the facts. What we can say is that early, accurate information helps a lawyer evaluate bond, detainer, and defense options.
Frequently Asked Questions
Is Florida a sanctuary state?
No. Chapter 908 of the Florida Statutes prohibits state and local governments from adopting sanctuary policies and requires sheriffs operating county jails to enter 287(g) agreements with ICE. Confirm the current statute text, since laws change.
What is a 287(g) agreement?
It is a voluntary agreement between ICE and a state or local law enforcement agency that lets designated officers carry out limited immigration enforcement functions under ICE supervision. ICE describes three models: Jail Enforcement, Warrant Service Officer, and Task Force.
Does 287(g) mean local police can deport me?
No. Only immigration authorities and immigration judges decide removal. A 287(g) agreement can help ICE identify people in custody or serve certain warrants, but a removal case still goes through the immigration system, where you may have defenses.
How long can a jail hold someone on an ICE detainer?
Under 8 CFR 287.7(d), the regulation says a person not otherwise held may be kept for not to exceed 48 hours, excluding Saturdays, Sundays, and holidays. Because details matter, call us at (407) 917-2087 if someone is being held.
How We Can Help
We help families across Central Florida who are dealing with arrests, detainers, and ICE custody. Call us at (407) 917-2087 or start with the pre-evaluation described above; we review the facts and tell you honestly whether we can help. Our founding attorney Denisse Ilabaca is Board Certified in Immigration and Nationality Law by The Florida Bar, a distinction held by fewer than two percent of Florida attorneys.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration law changes often, and every case turns on its own facts. Ilabaca Law, PLLC, 300 N Ronald Reagan Blvd, Suite 305, Longwood, FL 32750. Attorney advertising.