Florida Sanctuary Policy Ban and ICE Cooperation Mandate

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.

Local officials who knowingly violate the sanctuary ban may be suspended or removed by the Governor under FS 908.107, and entities may face civil enforcement and damages actions brought by the Attorney General.