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Florida’s new immigration law was passed by the Florida legislature and signed by Governor DeSantis yesterday February 13th, 2025. This law came about after some political in-fighting between Florida’s republican legislature and the republican governor, but the result is clear – Florida now has a very aggressive anti-immigrant criminal statute designed to carry out the will of Donald Trump and those who follow him.
What is the new Florida Immigration Law?
On February 13, 2025, the Florida Legislature passed and the Governor signed into law, SB4-C, legislation pertaining to certain activities of undocumented individuals in the State of Florida. This law took effect immediately upon the Governor signing it and will have immediate impact on first appearances and other criminal prosecutions across the state. It mandates the death penalty for unauthorized immigrants convicted of capital offenses, creates a crime for unauthorized entry to the state with mandatory jail and/or prison time, and mandates that when accused of these crimes the accused shall be held without bond pending trial.
What Are the Penalties for Violating the Immigration Law?
This new legislation has a number of new parts, which can be broken up into sections.
The Intent Behind the Immigration Law
The immigration laws The bills, passed in a special session and signed into law by Republican Gov. Ron DeSantis, create a state board of immigration enforcement, require local communities to cooperate with federal immigration officials, and increase penalties for immigrants without legal status who enter the state and who commit crimes. With a $298 million allocation, the state plans to hire over 50 additional law enforcement personnel and provide extensive training and equipment. This investment reflects the legislature’s commitment to a more aggressive approach to immigration enforcement signaling to all that Florida is clearly trying to follow lockstep with Trump’s agenda.
Concerns About the Immigration Law’s Language and Interpretation
While the law’s intent is clearly stated in writing, its use and interpretation create 3 serious concerns.
The first is sovereignty. Under the Supremacy Clause of the Constitution and longstanding Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress. So the issue here is whether the State of Florida is making immigration laws that are so sweeping in effect that they interfere with the Federal governments role in controlling and administering immigration policy. Only after defendants begin challenging this law in Court will anyone know if the Florida government has gone beyond a reasonable state law and unconstitutionally infringed on the Federal Government.
The second is whether this severe targeting of unauthorized immigrants will prevent or hinder law enforcement from solving or preventing crime because immigrants of all kinds (authorized or not) become so fearful of contact with the police that they no longer report crimes or are willing to participate in the criminal justice system. Clearly there is concern about this possibility evidenced by the inclusion of the language preventing people from being arrested if they are the witness or victim of a crime. Whether or not that language actually protects immigrants and avoids the chilling effect of reporting crime remains to be seen.
And third and possibly most importantly is the affirmative defense written into this law. The concern is racial discrimination. What constitutes probable cause to arrest here? Once there is probable cause to arrest, a suspect will have to disprove their illegal status or prove their legality? It isn’t hard to imagine this law being used to target any Spanish speaking Floridian and say “‘show me your papers”. This law is a big step in the direction of mass deportation and using your local law enforcement agencies to make it happen.
Why Retaining an Attorney Matters
If you’re accused of violating the immigration law or any criminal matter, retaining an attorney is critical to protecting your rights. These cases will involve constitutional questions and concern allegations of misconduct or are sensitive in nature, requiring a skill, preparation and experience. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.