If you or a loved one has been arrested for illegal entry into Florida as an undocumented adult, it’s crucial to understand what you’re facing. The TRUMP Act, passed in 2024 and codified in Florida Statute 811.102, creates serious criminal penalties for undocumented persons found entering or attempting to enter Florida. The consequences can include jail time, no bail, and automatic immigration alerts.
Here’s what you need to know—and why hiring a lawyer right away is your best next step.
What Does the Law Say?
Under the, it is a crime for an undocumented adult (age 18 or older) to knowingly enter Florida after avoiding federal immigration inspection. Even a first offense is treated as a criminal misdemeanor with a severe mandatory minimum sentence (see below), and repeat violations can result in felony charges.
This law is aimed at people who crossed into the U.S. without inspection, and then later entered Florida. It’s not just a civil immigration issue; it’s a criminal matter under Florida law.
What Are the Penalties?
The penalties under this statute are harsh—and they include mandatory minimum jail or prison time:
- First offense: 1st degree misdemeanor punishable by up to a year in jail with a mandatory minimum of 9 months jail sentence.
- Second offense: 3rd degree felony punishable by up to five years in prison with a mandatory minimum of 1 year and 1 day prison sentence.
- Third or more offenses: 3rd degree felony punishable by up to five years in prison with a minimum of 2 years in prison.
You also won’t qualify for diversion programs like pretrial intervention or civil citation.
Am I Eligible for Pretrial Release?
The statute requires that the court should presume you are not eligible for release before trial. That means no bond or release on recognizance, unless a constitutional exception applies.
Will ICE Be Notified?
Yes. If you’re arrested under the statute, the police are required to report you to Immigration and Customs Enforcement (ICE) and provide your fingerprints, photo, and other identifying information to both federal and state agencies. That makes it even more important to speak to a lawyer immediately to understand how this arrest could affect your immigration status or future opportunities for relief.
Why You Need a Lawyer—Right Now
This is not a charge to take lightly. If you’ve been arrested under the TRUMP Act, you are facing mandatory jail time, possible deportation, and slim possibility of diversion. The sooner you speak with a lawyer, the better your chances of avoiding the worst outcomes.
At Showalter Law, we understand the stakes and the fear that comes with these charges. We know how to fight for your rights, whether it’s challenging the arrest, asserting legal defenses, or working alongside immigration counsel to protect your future.
Call us today for a free, confidential consultation. Don’t face this alone.