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The Florida Highway Patrol became the catalyst for a quiet transformation in America’s federalist immigration architecture. An internal memo dated March 6, 2025, instructed its officers to treat traffic stops as identification and detention checkpoints for undocumented individuals, creating a functional bridge between driving without a valid license and federal deportation. The model spread to other states throughout 2025 and 2026, and today it is part of the daily reality facing immigrant communities in counties across the country.
The Florida Memo
The original directive instructs that undocumented drivers without a valid license be transferred to the county jail and flagged to Immigration and Customs Enforcement (ICE). State troopers do not have direct authority to make civil immigration arrests, but they can detain a suspect for up to one hour while federal agents respond to a detainer request. That one-hour window was designed to bridge the gap between state and federal jurisdiction, and it sits at the center of the ongoing legal debate.
The 287(g) Framework
Section 287(g) of the Immigration and Nationality Act authorizes ICE to delegate immigration enforcement functions to state and local law enforcement agencies through formal memoranda of agreement. There are three models. The first, known as the Jail Enforcement Model, allows trained officers to identify and process individuals already held in local jails. The second, the Warrant Service Officer model, authorizes the execution of ICE administrative warrants inside jails. The third, the Task Force Model, extends the delegation to field policing and was discontinued in 2012 following the Maricopa County case. The Department of Homeland Security reactivated the Task Force model in February 2025, and Florida, Texas, and Louisiana were the first states to sign agreements under the revived version.
By 2026, more than 200 law enforcement agencies across 30 states maintain active 287(g) agreements. States such as Tennessee, Georgia, Indiana, and Oklahoma have expanded coverage to include state highway patrols, replicating the Florida Highway Patrol model. In parallel, state laws such as Texas Senate Bill 4 and Florida Senate Bill 1718 created parallel criminal classifications for irregular entry, though portions of those provisions remain blocked by federal injunctions.
Fourth Amendment and Extended Detention
The Fourth Amendment of the U.S. Constitution protects against unreasonable seizures. In Rodriguez v. United States (2015), the Supreme Court held that a traffic stop cannot be extended beyond the time needed to resolve the infraction that justified it, unless there is independent reasonable suspicion. Applied to the Florida memo, this means that holding a driver for up to one hour while awaiting ICE is constitutional only if the officer has particularized reasonable suspicion of an immigration violation — and immigration suspicion cannot be grounded solely in the absence of a license or a person’s ethnic appearance.
Multiple federal lawsuits were filed in 2025 and 2026 challenging these procedures. Rulings from the Eleventh Circuit and the Fifth Circuit have varied, with some upholding the possibility of short-term deferral to federal authority and others striking down specific detentions. The legal landscape has not yet established a uniform standard.
Risk by State
For those driving without regular immigration status, traffic stops have become the point of greatest daily exposure. States such as California, Colorado, Illinois, New York, Washington, and Maryland issue driver’s licenses to undocumented residents, which dramatically reduces the risk. States such as Florida, Texas, Georgia, Tennessee, and North Carolina do not issue licenses to undocumented individuals, and driving without one there triggers the immigration identification process.
Even holders of valid visas may be affected if their U.S. or international driver’s license has expired, or if there is a discrepancy in the DMV database. In several cases reported in 2025, lawful permanent residents were detained for hours pending manual verification of their status by ICE.
Your Rights During a Traffic Stop
Anyone stopped has the right to remain silent regarding immigration status, place of birth, and citizenship — a protection guaranteed by the Fifth Amendment. This right applies to everyone on U.S. territory regardless of immigration status. A person may also refuse to consent to a vehicle search, though the officer may proceed if there is probable cause. Providing a driver’s license, vehicle registration, and proof of insurance is required by law.
If detained, the practical rule comes down to three short statements: I am exercising my right to remain silent; I want to speak with an attorney; I do not consent to any search. Do not sign any document without an attorney, especially forms I-826 (Notice of Rights) or I-274 (Voluntary Departure), which can have permanent consequences on your case.
Who Needs to Be Vigilant
Undocumented individuals in states without immigrant-friendly licenses should avoid driving whenever possible, plan routes that minimize crossing jurisdictions with active 287(g) agreements, and keep an immigration attorney’s contact information readily accessible by phone. Non-immigrant visa holders should ensure they have a valid local driver’s license, keeping a digital copy of their I-94 and visa on their phone. Lawful permanent residents must carry their physical Green Card, as required by INA Section 264(e), although enforcement of this rule is selective.
Mixed-status families should prepare an emergency plan, including powers of attorney, instructions for their children’s school, and contact information for a local legal aid organization. The American Immigration Lawyers Association maintains a public directory of members, and numerous state organizations offer 24-hour hotlines for detention cases.
The Road Ahead
The trajectory points toward consolidation of the model. States led by governors aligned with federal immigration policy continue to expand 287(g) agreements, and Congress is debating in 2026 the creation of a federal fund to cover training and equipment costs for participating state police forces. Constitutional litigation will continue to shape the limits of extended detention, but traffic checkpoints and routine stops are likely to remain the primary interface between state policing and federal immigration enforcement for the foreseeable future.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
