The state of Florida is requesting a trial to determine if the Biden administration is suggesting the release of individuals who are subject to detention. The state has asked a federal judge to first confirm that the state has the standing to proceed. The alleged non-detention policy existence, per the state of Florida, is part of the Parole and Alternatives to Detention policy issued by the Biden administration in November of 2021. Florida claims this policy is a subpart of creating a non-detention policy.

Florida claims that the increase of inadmissible noncitizens within the state is causing an increase in expenses for the state, including public assistance, education, and the issuance of identification cards. Further, in a court filing, the state clarified that over 100,000 inadmissible noncitizens have settled in Florida.

The federal government filed a response stating that Florida’s claims should not be allowed as immigration regulations authorize the U.S. government to release noncitizens who are then free to settle wherever they choose within the U.S. In addition, the government denied that any such non-detention policy exists, let alone one that so clearly violates the Immigration and Nationality Act and the Constitution. However, if Florida does spend more resources on noncitizens due to the Parole and Alternatives to Detention policy, states are not instructed on what to do, nor does it remove any legal rights from the state. Per the federal government, Florida’s claims are based on the belief that the government is not starting removal or detention procedures against individuals when Florida believes it should. Per previously settled cases, these claims are not valid.

Florida filed a lawsuit in September 2021 claiming over $100 million is spent per year to incarcerate inadmissible noncitizens who commit crimes. They state that the federal government reimbursed $8 million of the nearly $132 million the state paid under the State Criminal Alien Assistance Program. In addition, an estimated $111 million has been spent by the state for health care emergency services between January 2020 and April 2022. Unemployment claims of $426 million were paid to noncitizens by the state between January 2020 and May 2022.

The federal government stated that Florida has not proven that any injury or harm was experienced by the agencies providing these services. Merely, they demonstrated that expenses increase when the population increases.

If you have questions about your status or federal immigration policy, contact us at ILBSG.

Detention Policy