Delray Beach, FL Immigration Policy: Sanctuary Policy Preemption (2026)

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Florida state rule: Delray Beach does not have a local ordinance for sanctuary policy preemption. This topic is governed by Florida state law and applies uniformly across the state.

Summary

Senate Bill 168 (2019), codified at FS 908.103 and 908.104, prohibits sanctuary policies in Florida and requires every state and local law enforcement agency to use best efforts to support federal immigration enforcement and honor ICE detainer requests.

Full Breakdown

Sections 908.103 and 908.104, Florida Statutes (enacted as SB 168 in 2019), bar any state entity, law enforcement agency, or local governmental entity from adopting or maintaining a 'sanctuary policy' that limits or prohibits cooperation with federal immigration authorities. FS 908.104 requires state and local law enforcement agencies to use best efforts to support the enforcement of federal immigration law and to honor U.S. Immigration and Customs Enforcement detainer requests by holding subjects for transfer. The Attorney General may bring enforcement actions; officials who violate the law may be suspended or removed from office by the Governor under FS 908.107. The 11th Circuit upheld the core provisions in 2022.

Frequently Asked Questions

Can a Florida county or city declare itself a sanctuary jurisdiction?

No. FS 908.103 expressly prohibits any state or local entity from adopting or maintaining sanctuary policies that restrict cooperation with federal immigration authorities.

Must Florida jails honor ICE detainer requests?

Yes. FS 908.104 directs law enforcement agencies to use best efforts to support federal immigration enforcement and to honor ICE detainers by holding subjects for transfer.

What happens to officials who violate the sanctuary ban?

Under FS 908.107, the Governor may suspend or remove officials who knowingly violate the law, and the Attorney General can bring civil enforcement actions.

Delray Beach, FL Immigration Policy: Sanctuary Policy Preemption (2026)

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Full Breakdown

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