Florida Introduces New Immigration Rules: What You Need to Know

Florida lawmakers passed a bill on Feb. 13 that ensures the state will cooperate with the federal government to apprehend illegal immigrants, according to The Washington Post.

Photo: Beth Baisch | Dreamstime.com

DeSantis signed the bill, though it does not grant him the immigration enforcement powers he desires. Instead, the law gives that task to a new state board that would include the governor, the agriculture commissioner, the attorney general, and the state comptroller. Decisions on the state board to enforce immigration would require a unanimous vote.

The new law's provisions tighten penalties for illegal immigrants, including making those convicted of first-degree murder or child rape subject to mandatory death sentences in Florida, according to CBS News.

On the subject: What Will Happen If All Illegals Were Deported From the US: Spoiler: Nothing Good

The new legislation would make it a crime for illegal immigrants over the age of 18 to “knowingly” enter Florida “after illegally crossing the U.S. border without immigration inspection.” The proposed penalty for a first offense would be nine months in prison. A second offense would be a felony and carry a minimum sentence of one year and one day in prison.

Republicans have been sparring with DeSantis over the details of the state’s new immigration law since last month, when he called lawmakers into a special session to consider immigration initiatives. When members of his own party rejected the governor’s initial plan — a rare act of defiance among Florida Republicans — some reported receiving anonymous death threats.

"We've seen some of the worst aspects of politics, including crazed internet trolls who have made death threats," said state House Speaker Daniel Perez (R-N.Y.).

Immigration enforcement has become a priority for some state politicians who support Donald Trump and his aggressive mass deportation efforts, leading to even tougher laws in some legislatures.

DeSantis said his original plan would have given him new authority to immediately deport anyone found to be in the state illegally. The governor also hoped to receive $350 million for the Illegal Immigrant Transportation Program, which the Legislature created in 2023 to support DeSantis’s push to find illegal immigrants in Texas and send them to other states. In 2022, his administration flew 49 migrants from Texas to Martha’s Vineyard, Massachusetts.

(In September 2022, Florida Gov. Ron DeSantis' administration flew 49 migrants, mostly from Venezuela, from Texas to the exclusive island of Martha's Vineyard in Massachusetts. The move was part of a broader tactic by Republican governors to highlight illegal immigration by sending migrants to liberal states and cities that have declared themselves "sanctuaries" for illegals.

The migrants were recruited in San Antonio, Texas, with promises of housing, jobs and assistance upon arrival. They were flown by private jet to Florida and then to Martha's Vineyard.
The island's authorities were taken by surprise, but locals organized temporary housing and assistance for the arrivals. A few days later, Massachusetts authorities transported the migrants to a military base on the mainland, where they were given further support.

Congress and civil rights groups have launched investigations into the use of government funds for the operation, which has become one of the biggest stories in the debate over immigration policy in the United States. – Note.)

When Florida Republicans introduced their immigration bill, the Tackling and Reforming Unlawful Migration Policy, or TRUMP Act, in late January, DeSantis called it “weak.”

At a signing ceremony in Tallahassee on Feb. 13, DeSantis called the political differences in the process of reaching compromise a "useful exercise."

Some of the $298 million in funding would go toward building a “catch station” in northern Florida. The law also provides $1000 bonuses for law enforcement officers who intercept illegal immigrants, $5000 fines and suspensions for county and municipal officials who refuse to comply with federal immigration orders, and eliminates the right to reduced tuition at Florida colleges for 6500 illegal immigrant students.

DeSantis spokesman Jeremy Redfern rejected suggestions that the law limits the governor's authority over immigration policy.

“It expands the existing transportation program, meaning it allows Florida to send illegal immigrants overseas rather than just sending them to sanctuary cities,” Redfern said. “Obviously, we’re going to need coordination with the Trump administration and with ICE to make this program successful.”

Two weeks after the Legislature rejected his initial proposal, DeSantis traveled the state criticizing Republicans who disagreed with him. He encouraged Floridians to complain to their representatives. During his six years in office, the Republican-majority Legislature had approved nearly all of his initiatives. Now, Perez said, lawmakers “asserted their right as the elected representatives of the people to have equal say in the decision-making process.”

Some lawmakers said the "theater" around immigration control must end.

“The basic idea of ​​the legislation that we have developed is that we are helping Donald Trump in his fight against illegal immigration, not hindering him or claiming that we know how to do it better,” Randy Fine, a Republican and one of the bill’s co-sponsors, said during a debate in the state Senate on February 13.

He said the final version of the bill was "95 percent" in line with what lawmakers wanted, with the remaining 5 percent a compromise with DeSantis to give him a "win."

Democrats who opposed the law said the repeal of tuition benefits for undocumented students graduating from Florida schools was cruel and violated promises made to them. The program was passed with bipartisan support and signed into law in 2014 by former Republican Gov. Rick Scott.

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Sen. Jason Pizzo, a Democrat from South Florida, said the bill does not introduce anything new or increase oversight of the E-Verify system, which requires private employers with more than 25 employees to verify their legal presence in the U.S. DeSantis said he supports expanding the E-Verify requirements.

"If you're not going to do anything about E-Verify, then you're not taking illegal immigration seriously," Pizzo said.

Trump has not publicly commented on the Florida legislation. Republican Sen. Joe Gruters, the bill's lead sponsor, said the final version was drafted with Trump's input and would be a model for other states.

"His technical advice, his, in essence, leadership of Florida, has led us to where we are today," Gruters concluded.

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