The Governor of Florida, Ron DeSantis, has signed into law a series of bills aimed at escalating sanctions for unauthorized immigration. This legislative action became a sticking point between DeSantis and other Republican leaders until an agreement was settled upon. Critics, particularly Democrats, maintain that the bills are influenced by political motivations, and question their constitutionality.
DeSantis gave his official consent to this collection of bills – all meant to ramp up penalties for unauthorized immigration – on a recent Thursday. This move is touted as a strategy to leverage on a number of executive orders unveiled by President Donald Trump after assuming office the preceding month. DeSantis commented, ‘We didn’t just sit on our hands, on the contrary, we anticipated the future movement and have taken pertinent steps towards solving the immigration issue.’
The newly signed bills lay out more stringent penalties for undocumented immigrants who engage in criminal acts and criminalize unauthorized entry into Florida, making it an offense punishable by a compulsory nine-month imprisonment. Bill SB 4C stipulates a mandatory death penalty for undocumented immigrants found guilty of committing heinous crimes like first-degree murder or rape of a minor under 12 years of age.
Different components of the series of bills serve unique purposes – Bill SM 6C invites the National Government to provide guidance on how local law enforcement agencies can enlist for training programs designed to help them enforce federal immigration laws. Bill SB 2C introduces fresh enforcement initiatives, such as forming the State Board of Immigration Enforcement. This board comprises DeSantis, along with the attorney general, chief financial officer, and agriculture commissioner all hailing from Florida.
The introduction of these measures resulted from an agreement between DeSantis and other legislative leaders belonging to the Republican party. This compromise eased the friction that had previously persisted within the party. The agreement that was finally reached retained DeSantis’s position, even though early discussions on the bill had induced discord among Republicans.
Despite the compromise, DeSantis’ desired provisions related to curbing undocumented immigrants from sending money back to their countries of origin and endowing the governor with the power to deport individuals to foreign countries didn’t make into the finalized legislation. These factors notwithstanding, both DeSantis and legislative leadership of his party claimed victory on reaching the compromise.
DeSantis mentioned that he may continue to advocate for restrictions on remittances in the regular sessions. However, he also expressed caution about ensuring that new policies would not lead to burdensome bureaucracy. In addition, he hinted that the legislature should address this matter. DeSantis also revealed that more stringent E-verify legislations might be considered in the subsequent regular sessions. He supports bringing businesses with fewer than 25 individuals under the purview of mandatory E-verify program compliance, which currently is the law in Florida.
However, the Senate Republicans opted not to take this to a vote but instead labeled it as ‘outside of the purview’ of the special session, thereby declaring it out of order. Democrats also raised concerns regarding a component of the bills that would dismiss in-state tuition rates for students who moved to the country as minors and are undocumented. Furthermore, they objected strongly to the mandatory death sentence for certain crimes committed by undocumented individuals.
The Democrats proposed several amendments to remove or soften these measures. Despite their efforts, all the proposed amendments were defeated by Republican majorities in both legislative chambers. While Republicans voted in favor of the bills, there were voices of discontent within the party over the measure that sought to revoke in-state tuition benefits for approximately 6,500 students who are immigrants without proper documentation.
These young immigrants, often referred to as ‘Dreamers’, entered the United States as children without official status. The term ‘Dreamers’ originates from a proposed legislation in Congress named the DREAM Act (Development, Relief, and Education for Alien Minors Act) in 2001 which intended to pave a path to citizenship for these individuals. Despite the non-passage of the DREAM Act, the term has continued to be used.
Some have previously asserted their belief that DACA (Deferred Action for Childhood Arrival) recipients, who are regarded as immigrants entered the country without authorization, should not be granted any exceptions. The passing of these new bills generally split along party lines, with Republicans for it and Democrats against.
One notable exception was among the Republicans, with an elected official voting against SB 4C, citing contentious issues with the mandatory death penalty provision. Despite the varied views held by lawmakers, these bills underscore Florida’s efforts to enact and enforce stricter immigration laws, inviting much debate and discussion on the national level.