TALLAHASSEE, Fla. In Florida, new immigration laws are imposing harsher penalties on individuals committing crimes while in the U.S. illegally. For instance, misdemeanor theft, which typically results in up to a year in jail and a $1,000 fine for most people, now carries a felony punishment of up to five years behind bars and a $5,000 fine for undocumented immigrants. These measures come as part of a broader crackdown on illegal immigration, championed by Republican Governor Ron DeSantis and supported by President Donald Trump.
DeSantis argues that these tougher laws will make Florida “safer and securer” and serve as a model for other states. Republican lawmakers like state Rep. Lawrence McClure stress that the goal is deterrence, sending a clear message to immigrants: “Don’t come to Florida illegally.”
However, the laws are sparking concern among civil rights advocates and legal experts. César Cuauhtémoc García Hernández, an immigration law professor, warns that the laws clash with constitutional protections, particularly the 14th Amendment’s guarantee of equal protection under the law. He suggests the new laws could face legal challenges in court.
One of the most controversial aspects of Florida’s new laws is the mandatory death sentence for certain capital offenses, such as first-degree murder and child rape, when committed by an individual in the U.S. illegally. This policy runs into constitutional issues because, in 1976, the U.S. Supreme Court ruled that mandatory death penalties are unconstitutional, citing the prohibition on cruel and unusual punishment. The new Florida law eliminates judicial discretion in these cases, requiring death sentences for defendants in the U.S. illegally found guilty of such crimes. This could face significant legal challenges, and Florida Senator Randy Fine acknowledged that the law might ultimately be contested in court.
Additionally, last year, Florida also increased penalties for individuals committing state felonies after being deported and illegally reentering the U.S. The penalties were enhanced, resulting in longer sentences. The latest legislation applies similar enhancements to both misdemeanors and felonies for immigrants who are illegally in the U.S., regardless of their prior deportation or reentry history.
Legal experts point to a 1982 U.S. Supreme Court ruling, which prevented Texas from denying state school funding to children not “legally admitted” to the U.S., based on the 14th Amendment’s equal protection clause. García Hernández suggests that Florida’s law will likely be scrutinized under a similar framework, questioning the state’s justification for treating individuals accused of the same crime differently based solely on their immigration status.
Other states are also considering similar laws. Pending legislation in states like Alabama, Idaho, and Texas would enhance penalties for crimes committed by individuals in the U.S. illegally. For example, a bill in Texas aims to raise penalties for most felonies committed by undocumented immigrants, while Utah has proposed mandatory jail sentences for repeat offenders, particularly for those deported multiple times and reentering the country illegally.
In summary, Florida’s new immigration laws are drawing strong reactions, with proponents arguing they will deter illegal immigration and improve public safety, while opponents warn they could violate constitutional rights and lead to legal challenges. Other states are closely watching Florida’s approach and considering similar measures to address crimes committed by undocumented immigrants.
