ANTONIO TORROS AND ALBERTO TORROS, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellants Antonio and Alberto Torros challenge a special condition of their probation providing: “If found to be an illegal alien, you are to be deported to Cuba.” They correctly point out that deportation is a federal matter, see Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973). The trial court thus had no authority to order their deportation, and the provision therefor must be stricken. The trial court may, however, recommend to the appropriate federal authorities that appellants be deported if the court deems it advisable.
Accordingly, the special condition that appellants be deported if found to be illegal aliens is stricken from the order placing them on probation. The order is otherwise affirmed.
HOBSON, Acting C. J., and BOARD-MAN and OTT, JJ., concur.
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I.H. v. State, 656 So. 2d 622 (Fla. 2d DCA 1995)…commitment order that directs the child to be deported upon completion of his supervision. While the trial court was permitted to recommend deportation to the federal authorities, it did not have authority to order the deportation. Torros v. State, 415 So. 2d 908 (Fla. 2d DCA 1982). Affirmed; order of deportation stricken. DANAHY, A.C.J., and QUINCE, J., concur.…
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Montejo Gaspar Montejo v. Martin Mem'l Med. Ctr., Inc., 874 So. 2d 654 (Fla. 4th DCA 2004)…’s position on a different issue, which is whether the trial court had subject matter jurisdiction to authorize the hospital to transport Jimenez to Guatemala in the first place, because federal immigration law preempts deportation. Torros v. State, 415 So. 2d 908 (Fla. 2d DCA 1982) (Florida judge could not order illegal alien to be deported to Cuba if he violates probation because of preemption of federal law). Johns v. Dep’t of Justice, 653 F. 2d 884 (5th Cir.1981). In addition, the mootness argument is onl…
Authorities Cited
- Almeida-Sanchez v. United States, 413 U.S. 266 (U.S. 1973)