HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1355 Immigration Enforcement
SPONSOR(S): Judiciary Committee, Snyder and others
TIED BILLS: IDEN./SIM. BILLS: SB 1808
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 13 Y, 5 N Padgett Hall
2) State Affairs Committee 15 Y, 8 N Roth Williamson
3) Judiciary Committee 13 Y, 7 N, As CS Padgett Kramer
SUMMARY ANALYSIS
In 2019, in response to a number of cities in the United States adopting policies to prevent local law enforcement
agencies from cooperating with Federal immigration authorities, commonly known as “sanctuary policies,” the
Florida Legislature enacted s. 908.103, F.S., which prohibits sanctuary policies in Florida. In conjunction with
prohibiting sanctuary policies, the Legislature also declared that it is an important state interest to cooperate with
and assist the Federal government in the enforcement of federal immigration laws within Florida.
CS/HB 1355 provides for enhanced cooperation between law enforcement agencies and United States
Immigration and Customs Enforcement (ICE), and creates additional contracting requirements for governmental
entities. Specifically, the bill:
 Amends the definition of “sanctuary policy” to prohibit any policy adopted or allowed by a state or local
government that impedes or prohibits a law enforcement agency from providing information to a state
entity on the immigration status of an inmate or detainee in the custody of the law enforcement agency.
 Requires each law enforcement agency that operates a county detention facility to enter into a written
agreement with ICE, by January 1, 2023, to participate in the 287(g) program, in which ICE trains local law
enforcement officers to perform specified immigration enforcement functions.
 Prohibits a state, regional, or local governmental entity from entering into, amending, or renewing a
contract, including a grant agreement or economic incentive program payment agreement, with a common
carrier or contracted carrier if the carrier is willfully providing any service in furtherance of transporting a
person into Florida knowing that the person is an unauthorized alien, except to facilitate the detention of
the person, or the removal or departure of the person from Florida or the United States.
 Requires any contract between a state, regional, or local governmental entity and a common carrier or
contracted carrier which is executed, amended, or renewed on or after October 1, 2022, to require the
common carrier or contracted carrier to attest, under penalty of perjury, that it will not willfully provide any
service in furtherance of transporting a person into Florida during the contract term knowing that the
person is an unauthorized alien, except to facilitate the detention of the person, or the removal or
departure of the person from Florida or the United States, and a provision allowing for termination of the
contract for cause if the common carrier or contracted carrier is found to be knowingly transporting an
unauthorized alien into Florida.
Under the bill, an “unauthorized alien” is a person who is unlawfully present in the United States according to
the terms of the Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The bill requires the term
“unauthorized alien” to be interpreted consistently with any applicable federal statutes, rules, or regulations.
The bill may have an indeterminate negative fiscal impact on a local government that provides funding to a law
enforcement agency that is not currently participating in a 287(g) agreement by requiring the local government
to expend funds enforcing immigration laws in partnership with ICE. The bill does not appear to have a fiscal
impact on state government.
The bill is effective upon becoming a law.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The federal government has broad power over immigration and alien status, and has implemented an
extensive set of rules governing alien admission, removal, and conditions for continued presence within
the United States.1 While the federal government’s authority over immigration is well established, the
United States Supreme Court has recognized that not “every state enactment which in any way deals
with aliens is a regulation of immigration and thus per se preempted” by the federal government. 2
The Tenth Amendment’s reservation of powers to the states includes traditional “police powers”
concerning the promotion and regulation of safety, health, and welfare within the state. 3 Moreover, the
federal government’s power to preempt activity in the area of immigration is further limited by the
constitutional bar against directly “commandeering” state or local governments into the service of
federal immigration agencies.4 States and municipalities have frequently enacted measures, as an
exercise of police powers, addressing unauthorized aliens residing in their communities.5
Federal Immigration Enforcement
Immigration enforcement may be criminal or civil in nature. Removal, commonly referred to as
deportation, is a civil process to formally expel an unauthorized alien from the United States. Federal
law specifies the classes of people subject to removal, including an unauthorized alien who was
inadmissible at the time of entry into the United States and unauthorized aliens convicted of certain
crimes.6 A federal immigration officer initiates removal proceedings by arresting a person, receiving
custody of a person detained by state or local law enforcement, or issuing a notice to appear.7 An
immigration judge may order the removal of an unauthorized alien following a merits hearing.8
In contrast, immigration-related crimes include unlawful entry,9 unlawful reentry,10 failure to depart after
removal,11 human smuggling,12 and document fraud.13 A person convicted of unlawful reentry for
entering or attempting to illegally enter the United States more than once serves an average of two
years in federal prison.14
287(g) Agreements
In 1996, the United States Congress added s. 287(g) to the federal Immigration and Nationality Act,15
codified as 8 U.S.C. § 1357(g). This section authorizes the United States Attorney General (AG) to
enter into a written agreement with a state or any political subdivision of a state and to allow a state or
local officer to perform immigration functions, such as investigating, apprehending, detaining, or
1
Arizona v. United States, 567 U.S. 387 (2012).
2 De Canas v. Bica, 424 U.S. 351, 355 (1976); see Arizona, 567 U.S. 387.
3 Western Turf Ass’n v. Greenb erg, 204 U.S. 359, 363 (1907).
4 See Printz v. United States, 521 U.S. 898 (1997); New York v. United States, 505 U.S. 144 (1992).
5 Congressional Research Service, R43457, State and Local “Sanctuary” Policies Limiting Participation in Immigration Enforcement, at
3 (July 20, 2015), https://fas.org/sgp/crs/homesec/R43457.pdf (last visited Feb. 23, 2022).
6 8 U.S.C. § 1227.
7 A notice to appear is a document instructing an individual to appear before an immigration judge. 8 U.S.C. § 1229.
8 8 U.S.C. § 1229a.
9 8 U.S.C. § 1325.
10 8 U.S.C. § 1326.
11 8 U.S.C. § 1253.
12 8 U.S.C. § 1324.
13 8 U.S.C. § 1546.
14 Michael Light, Mark Hugo Lopez, and Ana Gonzalez-Barrera, The Rise of Federal Immigration Crimes: Unlawful Reentry Drives
Growth (Mar. 18, 2014), http://www.pewresearch.org/wp-content/uploads/sites/5/2014/03/2014-03-18_federal-courts-immigration-
final.pdf (last visited Feb. 23, 2022).
15 Pub. L. 104–208
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 transporting aliens.16 Such a state or local officer acts at the direction and under the supervision of the
AG.17 The state or local officer must:
 Be qualified to perform immigration officer functions, as determined by the AG; 18
 Have knowledge of and adhere to federal law;19 and
 Have received adequate training on the enforcement of federal immigration laws, as indicated
in a written certification.20
The expenses of participating in a 287(g) agreement are divided between Immigration and Customs
Enforcement (ICE) and a participating law enforcement agency. Generally, a participating law
enforcement agency is responsible for personnel costs, administrative expenses, and security
equipment.21 ICE is responsible for providing training and information technology equipment to access
the ICE computer network.22 For purposes of determining liability and immunity from suit in civil actions,
a state or local officer performing immigration functions pursuant to a written 287(g) agreement is
considered to be acting under color of federal authority.23
There are two enforcement models for 287(g) agreements, the Jail Enforcement Model (JEM) and the
Warrant Service Officer Model (WSO). Under the JEM, a state or local officer receives specialized
training from ICE and performs immigration enforcement functions as provided in the memorandum of
agreement between the AG and the state or local jurisdiction. 24 Such immigration enforcement
functions under the JEM may include the power and authority to:
 Interrogate a person detained in a detention facility about his or her immigration status;
 Serve and execute warrants of arrest or removal for immigration violations;
 Administer oaths and to take and consider evidence to complete alien removal;
 Prepare charging documents;
 Detain and transport arrested aliens subject to removal; and
 Issue immigration detainers.25
Five Florida counties and the Florida Department of Corrections have 287(g) agreements under the
JEM.26
Alternatively, a state or local jurisdiction may have a 287(g) agreement under the WSO Model. The
WSO Model is a narrower cooperative agreement between the AG and the local jurisdiction in which a
state or local officer receives specified training from ICE, but only receives limited authority to serve and
execute administrative warrants on behalf of ICE to aliens incarcerated in a county detention facility. 27
Forty-two Florida counties have 287(g) agreements under the WSO Model. 28
Prohibition of Sanctuary Policies
16 8 U.S.C. § 1357(g)(1).
17 8 U.S.C. § 1357(g)(3).
18 8 U.S.C. § 1357(g)(1).
19 8 U.S.C. § 1357(g)(2).
20
Id.
21 U.S. Immigration and Customs Enforcement, Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act:
Participating Entities, https://www.ice.gov/identify-and-arrest/287g (last visited Feb. 23, 2022).
22 Id.
23 8 U.S.C. § 1357(g)(8).
24
U.S. Immigration and Customs Enforcement, 287(g) Jail Enforcement Model (JEM),
https://www.ice.gov/doclib/about/offices/ero/pdf/jemInfographic.pdf (last visited Feb. 23, 2022).
25 American Immigration Council, Fact Sheet: The 287(g) Program: An Overview (July 8, 2021),
https://www.americanimmigrationcouncil.org/research/287g-program-
immigration#:~:text=Under%20the%20jail%20enforcement%20model,to%20be%20subject%20to%20removal. (last visited Feb. 23,
2022) and Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act, supra, at FN 21.
26 Id. Counties with a JEM include: Clay, Collier, Duval, Hernando, and Pasco.
27 U.S. Immigration and Customs Enforcement, 287(g) Warrant Service Officer (WSO) Model,
https://www.ice.gov/doclib/about/offices/ero/pdf/WSOPromo.pdf (last visited Feb. 23, 2022).
28 Id. Counties with a WSO Model include: Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Columbia, DeSoto, Flagler,
Franklin, Hamilton, Hendry, Highlands, Holmes, Indian River, Jefferson, Lafayette, Lake, Leon, Levy, Liberty, Madison, Manatee,
Marion, Martin, Monroe, Nassau, Okeechobee, Osceola, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, Sumte r,
Suwannee, Taylor, Wakulla, and Walton.
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 Section 908.103, F.S., prohibits a state entity,29 law enforcement agency,30 or local governmental
entity31 from adopting or having in effect a sanctuary policy, defined as a law, policy, practice,
procedure, or custom adopted or allowed by a state entity or local governmental entity that prohibits or
impedes a law enforcement agency from complying with 8 U.S.C. s. 1373(a) or (b),32 or that prohibits or
impedes a law enforcement agency from communicating or cooperating with a federal immigration
agency so as to limit such law enforcement in, or prohibit the agency from:
 Complying with an immigration detainer;
 Complying with a request from a federal immigration agency33 (FIA) to notify the agency prior to
the release of an inmate or detainee in the custody of the law enforcement agency;
 Providing a FIA access to an inmate or detainee to interview;
 Participating in a 287(g) program or agreement; or
 Providing a FIA with an inmate’s incarceration status or release date.
If any executive or administrative state, county, or municipal officer adopts a sanctuary policy, the
Governor may initiate judicial proceedings in the name of the state against such officer to enforce
compliance with any duty or restrain any unauthorized act. 34 In addition, the Florida Attorney General
may file suit against a local governmental entity or local law enforcement agency for declaratory or
injunctive relief.35 If a court finds that a local governmental entity or local law enforcement agency has
adopted a sanctuary policy, it is required to enjoin the unlawful sanctuary policy and include written
findings of fact that describe with specificity the existence and nature of such policy.36
Contracts with Common Carriers or Contracted Carriers
Federal Law
Under federal law, the United States Department of Health and Human Services (HHS) is granted legal
custody and must provide care for each unaccompanied child in the United States who is a
noncitizen.37 Many of these unaccompanied children are taken into custody by immigration authorities
while attempting to cross a national border, particularly the border between the United States and
Mexico.38 An unaccompanied child is a child that:
 Has no lawful immigration status in the United States;
 Has not attained 18 years of age; and
 Has no parent or legal guardian in the United States, or no parent or legal guardian in the
United State available to provide care and physical custody. 39
Once a child is in the custody of HHS, HHS attempts to reunite the child with a parent, relative, or
guardian.40 While waiting for a relative or guardian to be located, an unaccompanied child is transferred
29 “State entity” means the state or any office, board, bureau, commission, department, branch, division, or institution thereof , including
institutions within the State University System and the Florida College System. S. 908.102(7), F.S.
30 “Law enforcement agency” means an agency in this state charged with enforcement of state, county, municipal, or federal laws or
with managing custody of detained persons in this state and includes municipal police departments, sheriffs' offices, state p olice
departments, state university and college police departments, county correctional agencies, and the Department of Corrections . S.
908.102(4), F.S.
31 “Local government entity” means any county, municipality, or other political subdivision of this state. S. 908.102(5), F.S.
32 8 U.S.C. § 1373(a) and (b) bar any restrictions that prevent state or local government entities or officials from voluntarily
communicating with federal immigration agencies regarding a person’s immigration status.
33 “Federal immigration agency” means the United States Department of Justice and the United States Department of Homeland
Security, a division within such an agency, including United States Immigration and Customs Enforcement and United States Cus toms
and Border Protection, any successor agency, and any other federal agency charged with the enforcement of immigration law. S.
908.102(1), F.S.
34 S. 908.107(1), F.S.
35 S. 908.107(2), F.S.
36 Ss. 908.107(3) and (4), F.S.
37 6 U.S.C. s. 279(g)(2). U.S. Department of Health and Human Services, Unaccompanied Children (UC) Program (Nov. 1, 2021),
https://www.hhs.gov/sites/default/files/uac-program-fact-sheet.pdf (last visited Feb. 23, 2022).
38 Id.
39 Id.
40 Id.
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 to one of approximately 200 temporary care facilities funded by HHS, which are located in 22 states. 41
As of October 31, 2021, there were approximately 10,680 unaccompanied children in HHS custody.42
In November 2021, multiple news agencies reported that charter flights carrying unaccompanied
children we