Trump calls on states to help with immigration crackdown as DeSantis seeks power to deport

The Trump administration is calling on all 50 states to assist the federal government in immigration enforcement — just as Gov. Ron DeSantis seeks to expand the powers of state and local law enforcement to detain, transport and deport undocumented immigrants living in Florida.

The Department of Homeland Security secretary on Thursday issued a memo — which is almost certain to be litigated — that says there is a “mass influx of aliens” nationwide and cites regulations and laws that allow state and local law enforcement officers to perform “any of the powers, privileges, or duties” of federal immigration agents.

The memo shows the Trump administration is laying the groundwork to give local and state law enforcement entities expanded authority to act on immigration enforcement with powers that federal agencies have generally wielded, according to several legal experts who spoke with the Miami Herald.

“It’s fair to say that the memo has the potential for opening up Florida playing a broader role than they have been able to execute,” Emma Winger, deputy legal director for the Washington-based American Immigration Council, said in an interview with the Herald on Friday.

Immigration and legal experts said that the scope of what states might be allowed to do is unclear, describing the legal authority cited in the DHS memo as uncharted waters because it has never been invoked before.

“Without any guidance accompanying this memo it is hard to know the full effects or what exactly state or local officials would be authorized to carry out,” Colleen Putzel-Kavanaugh, an associate policy analyst with Migration Policy Institute, said in an email.

The memo comes as DeSantis pushes Florida lawmakers to dramatically broaden the state’s role in federal immigration enforcement during a special session starting Monday that he says is meant to help President Donald Trump carry out his mass-deportation pledge.

While the Thursday memo opens the possibility for state and local officials to have more legal authority on immigration, it remains unclear whether states would be allowed to conduct deportations in the future — as DeSantis says he is eager to do.

At a press conference Thursday, DeSantis said he is seeking the power to deport and repatriate migrants who “wash up” in the Florida Keys. The federal government is responsible for regulating, enforcing and overseeing immigration laws, including carrying out deportations.

“If we stop them before they get to the Keys now, we give them to the Coast Guard and the Coast Guard sends them back. But if they get to the shore somehow, then we are just stuck forever? That is not good policy,” DeSantis said. “So I think we are going to be empowered to take and to send back to Haiti or Bahamas or wherever illegals are coming from.”

DeSantis did not cite a specific executive order or federal law that would allow Florida to deport migrants — and his office did not respond to a request from the Herald seeking clarity on the governor’s legal reasoning.

DeSantis has big ideas

DeSantis rolled out his immigration policy proposals last week in anticipation of Trump’s actions on immigration, which so far have included attempts at limiting birthright citizenship, a national emergency declaration at the southwest border, and the termination of Biden-era parole processes that allowed over half a million Cubans, Nicaraguans, Haitians and Venezuelans into the country.

In Florida, the governor said his proposed legislative actions are tailored to Trump’s plans, based on conversations he has had with the president.

To support Trump’s immigration agenda, DeSantis is asking state lawmakers to expand a state program — the Unauthorized Alien Transport Program — to facilitate “immigration enforcement consistent with federal law, including but not limited to detention, transportation and deportation.”

Under the existing program, the state can only transport migrants who agree to relocate and who can show documentation that they have been processed and released by the U.S. Department of Homeland Security. Florida taxpayers foot the cost of travel, and the travel is only allowed to occur within the United States.

A draft legislative proposal published by the governor’s office says the state would be allowed to hire private companies to help carry out the program, with the help of the Florida National Guard and the Florida State Guard, a civilian military force under the governor’s control.

“Making sure we are expanding the transport program’s authority is something that is really significant,” DeSantis told reporters on Thursday.

The governor is also asking lawmakers to transfer $350 million from the state’s coffers to fund the program’s services, according to the draft proposal published by the governor’s office. State and local law enforcement would be able to use money from the program to train officers to “perform or exercise the powers, privileges, or duties” of federal immigration agents in their communities, according to the proposed legislation.

In past years, the program has operated with a $12 million annual budget. The governor’s office did not respond when asked about the dramatic increase in funding for the program and how the money would be spent.

The governor also wants all state and county law enforcement agencies to make at least 10 percent of their workforce available to “perform or exercise the power, privileges, or duties” of a federal immigration officer, according to a draft legislative proposal posted on the governor’s website. He also wants the authority to remove local officials from office who do not fully comply with state and federal immigration directives. As of Friday evening, no legislator had filed legislation with any of the governor’s proposals.

In Florida, 48 sheriffs are already participating in a federal immigration program – known as 287g — that allows officers to perform limited immigration functions in county jails. That includes the ability to hold undocumented immigrants in custody for up to 48 hours if a federal immigration agent sends a request to detain them. Miami-Dade County is not enrolled, according to the Immigration and Customs Enforcement website, while Broward County is.

Winger, the American Immigration Council legal deputy director, said state and local law enforcement officials would still need to abide by the federal immigration laws approved by Congress.

Orlando-based immigration lawyer Mark Arias emphasized that while Congress writes immigration laws, it’s the executive branch that enforces them. And in this case, Homeland Security is knocking on states’ doors.

“The twist here is the federal government is asking for state help. So it’s going to be interesting to see how this plays out,” said Arias.

This story was originally published January 24, 2025 at 8:03 PM.