A new order in Florida requires the arrest of undocumented drivers for any infraction

A new internal directive from the Florida Highway Patrol (FHP) instructs officers to arrest and detain undocumented immigrants who commit any traffic violations, such as driving without a valid license, with the aim of facilitating their subsequent deportation.

A memorandum dated March 6, obtained by El Nuevo Herald, reveals that Bill Milton, chief attorney for the FHP, instructed officers to act firmly against any violations committed by individuals without legal immigration status, stating that “everything possible should be done to apprehend the subject and hand them over to a county jail.”

The legal guide, which has not yet been published, also states that agents can detain individuals for up to one hour, even if they are not suspected of committing a crime, while waiting for federal immigration agents to take them into custody.

This instruction has sparked strong criticism from legal experts and civil rights advocacy organizations, who warn of a potential violation of the Fourth Amendment of the United States Constitution, which protects against arbitrary detention, highlighted El Nuevo Herald.

The measure is being implemented despite the fact that state agents do not yet have federal authority to enforce immigration laws.

Although more than 1,100 police officers have been trained in the federal 287(g) program, which would allow them to detain, interrogate, and arrest individuals suspected of being in the country without documentation, none have yet been certified to exercise that authority, emphasized the cited news portal.

However, the state is seeking to align itself with the immigration offensive promoted during the Donald Trump administration, and in the memorandum, Milton clarifies that the national database used by the FHP now contains approximately 700,000 individuals with civil immigration arrest orders added by the president to “maximize operations for the control and deportation of illegal immigrants.”

Milton warns that, although these are civil orders, the officers should not ignore them: “These are civil arrest orders, not criminal ones. Currently, the police do not have the authority to enforce them.”

But he adds that officers must take this information into account during traffic stops, even if there is no criminal offense present.

If the Department of Homeland Security (ICE) does not show up during the one-hour waiting period, agents are instructed to collect all available personal information, including residency and employment details, before releasing the individual.

This practice has been deemed unconstitutional by civil rights organizations.

“Prolonging 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 quoted by El Nuevo Herald.

Greer also cited a Supreme Court ruling from 2015, which established that even extending a stop for seven or eight minutes without reasonable cause is illegal, and questioned how Milton justified a "reasonable time" of up to an hour.

The Court was clear: “A ‘reasonable time’ must be linked to the purpose of the detention. Expanding it is only valid if there is founded suspicion of another crime,” something that the FHP directive overlooks, according to experts.

Amy Fettig, co-executive director of Fair and Equitable Prosecution, called the measure an expensive distraction: “An entire hour? For something that has nothing to do with public safety?” she questioned.

“They are using local resources to ingratiate themselves with the federal government,” Fettig added, and according to El Nuevo Herald, warned that this policy diverts police work from truly serious crimes and generates unnecessary fear in vulnerable communities: “This is not about a mother driving without a license. This is about someone wandering around with a weapon and robbing you.”

Meanwhile, FHP has refrained from publicly responding to questions about the guideline, which increases uncertainty about how this policy is actually being implemented on the streets.

This new instruction is part of a tightening of immigration policies in Florida, driven by Governor Ron DeSantis, who has openly stated that state police with federal authority could participate directly in deportation processes.

Although the federal certification has not yet been granted, the state is already acting as if it has that authority, a legally ambiguous and highly questionable situation, the news portal emphasized.

The impact of these measures could be particularly felt in South Florida, where a large migrant population resides —including many Cubans— who now face the risk of being arrested and potentially deported for minor traffic violations.

Lawyers and immigration activists are preparing to file legal challenges to halt this policy, while fear is growing among the affected communities.

What seems to the State like a measure for controlling migration, for many represents another step toward the criminalization of the everyday lives of immigrants.

According to the report from Univisión, these new regulations allow even a minor infraction, such as an unpaid parking ticket, to trigger a detention and subsequent arrest if the driver turns out to be an undocumented immigrant.

Criminal defense attorney 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, pointing out how easy it is to fall under the radar of the Highway Patrol under the new regulations.

Aldanondo also warned that the retention of up to one hour, as outlined in the guidelines, could be in direct violation of Supreme Court jurisprudence: “The Supreme Court has already established that one hour can be excessive for a parameter,” he stated, referring to the constitutional limits on prolonged detentions without reasonable suspicion.

During these stops, agents have access to a national database provided by the Department of Homeland Security (DHS), which includes the names of hundreds of thousands of immigrants wanted for immigration reasons. This information often comes from individuals who have gone through immigration courts, even if they do not necessarily have a criminal record.

Neither the Florida Highway Patrol nor the Department of Homeland Security (ICE) has responded to multiple requests for information regarding the scope and legality of these guidelines, which has heightened concerns among activists and lawyers.

These measures align with the stated objectives of Governor Ron DeSantis to train and certify state patrol officers so that they can directly arrest undocumented immigrants during traffic stops, without the need for prior federal intervention.

While formal certification is still pending, the state continues to operate as if it already has that power, which many view as a strategy of political pressure with serious human and legal consequences.

Frequently Asked Questions about the New Directive on Arresting Undocumented Drivers in Florida