Controversial ICE Operation: Examining the Rights of ‘Criminal Aliens’ in Florida

In Florida, Immigration and Customs Enforcement (ICE) operations targeting “criminal aliens” have sparked considerable debate, raising critical questions about due process, equal protection, and the rights of non-citizens. These operations, often conducted in partnership with state and local law enforcement, have led to the arrest and deportation of hundreds, even thousands, of individuals. According to ICE, these operations prioritize public safety by focusing on those who pose a threat to communities. However, critics argue that they often result in the violation of fundamental rights and contribute to the erosion of trust between immigrant communities and law enforcement.

The Legal Landscape: Rights of Non-Citizens in the U.S.

The U.S. Constitution protects all individuals within its borders, regardless of immigration status. The Fifth Amendment guarantees due process, meaning that no person shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment ensures equal protection under the law, prohibiting states from denying any person within their jurisdiction the equal protection of the laws.

These constitutional protections extend to undocumented immigrants, granting them certain fundamental rights, including:

The right to remain silent: Individuals have the right to refuse to answer questions from law enforcement officers.
The right to an attorney: Individuals have the right to consult with an attorney and have one present during questioning. If detained by local law enforcement, they have the right to a government-provided attorney. However, if detained by ICE, the government is not obligated to provide one.
The right to deny search without a warrant: Law enforcement officers generally need a warrant to enter a private residence.
The right to due process in deportation proceedings: Individuals have the right to be informed of the charges against them and to present evidence in their defense.

Controversies Surrounding ICE Operations in Florida

Despite these constitutional protections, ICE operations targeting “criminal aliens” in Florida have faced criticism for allegedly infringing upon the rights of non-citizens. Some of the key controversies include:

Racial Profiling: Critics argue that ICE operations often rely on racial profiling, targeting individuals based on their appearance or ethnicity rather than on any evidence of criminal activity.
Due Process Violations: Concerns have been raised about instances where individuals are pressured to sign voluntary removal orders without fully understanding their rights or having the opportunity to consult with an attorney.
Collateral Arrests: ICE operations sometimes result in the arrest of individuals who were not the intended targets, raising questions about the scope and justification of these enforcement actions.
Separation of Families: The deportation of “criminal aliens” can have devastating consequences for families, particularly when parents are separated from their U.S. citizen children.
“Alligator Alcatraz” Detention Center: The temporary immigrant detention center in the Florida Everglades, dubbed “Alligator Alcatraz,” has been the subject of lawsuits alleging that detainees have been denied their legal rights, including confidential access to attorneys.

Florida’s Stance on Immigration Enforcement

Florida has taken a particularly strong stance on immigration enforcement, enacting laws that enhance penalties for undocumented immigrants convicted of crimes and require local law enforcement agencies to cooperate with federal immigration officials.

Some of the key provisions of these laws include:

Enhanced Penalties for Theft Crimes: Misdemeanor theft offenses committed by undocumented immigrants now carry felony-level consequences.
Mandatory Deportation for Certain Convictions: The law increases the likelihood of immediate deportation for undocumented immigrants convicted of specific crimes.
Death Penalty for First-Degree Murder: One of the most controversial provisions is the automatic death sentence for undocumented immigrants convicted of first-degree murder.
Increased Cooperation Between State and Federal Authorities: Local law enforcement agencies are now required to work more closely with federal immigration authorities.

These laws have been praised by some as necessary to protect public safety and deter illegal immigration. However, they have also been criticized for potentially violating constitutional rights and contributing to a climate of fear and discrimination within immigrant communities.

Recent ICE Operations in Florida

ICE has conducted several large-scale operations in Florida targeting “criminal aliens.” For example, in September 2025, a weeklong operation in Central Florida led to the arrest of more than 400 illegal aliens. Those arrested were charged and convicted of lewd and lascivious behavior, battery, domestic violence, prostitution, vehicle theft, hit and run, and driving under the influence.

These operations often involve partnerships with state and local law enforcement agencies, including the Florida Highway Patrol, Polk County Sheriff’s Office, and Brevard County Sheriff’s Office. Florida has the most 287(g) partnerships in the nation, which allows local law enforcement to perform certain immigration enforcement duties.

Seeking Legal Assistance

If you or a loved one is an undocumented immigrant facing criminal charges or deportation in Florida, it is crucial to seek experienced legal representation. An immigration attorney can help you understand your rights, navigate the complex legal system, and explore all available options for relief.

Possible grounds for deportation include:

Not having a lawful immigration status (being undocumented)
Getting arrested or having certain criminal convictions
Violating U.S. immigration laws
Pursuing immigration benefits through fraudulent marriages or false information
Failing to maintain a current visa
Violating the terms of your visa or conditional green card
Failing to comply with the conditions of your green card

Deportation proceedings typically begin with a Notice to Appear (NTA) from the U.S. Department of Homeland Security, which states the grounds for deportation and sets a hearing before an immigration judge. In that hearing, you will have the opportunity to defend against deportation and seek certain types of immigration relief to avoid a removal order.

Options for immigration relief include:

Cancellation of removal for non-permanent residents
Adjustment of status
Asylum

Conclusion

ICE operations targeting “criminal aliens” in Florida raise complex legal and ethical questions. While the government argues that these operations are necessary to protect public safety, critics contend that they often result in the violation of fundamental rights and contribute to the erosion of trust between immigrant communities and law enforcement. Understanding your rights and seeking experienced legal representation are crucial steps in navigating this complex landscape.