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Florida Imposes Tougher Penalties for Crimes by Undocumented Immigrants

Sunday, March 2, 2025 by Abigail Marquez

Florida Imposes Tougher Penalties for Crimes by Undocumented Immigrants
Ron DeSantis - Image © Screenshot from YouTube by GovRonDeSantis

In Florida, legal consequences will differ based on an individual's immigration status, especially for those living illegally in the state. Governor Ron DeSantis has enacted measures that impose harsher penalties on undocumented immigrants who commit crimes, aligning with the Trump administration's crackdown on illegal immigration.

For instance, while a minor theft might result in a year-long imprisonment and a $1,000 fine for most Florida residents, an undocumented immigrant could face up to five years in prison and a $5,000 fine. In cases of first-degree murder, the new legislation could lead to an automatic death penalty.

DeSantis claims that these stringent laws will make Florida "a safer and more secure state" and serve as a model for other states by combating illegal immigration and bolstering mass deportations. Additionally, the governor has introduced a new crime: re-entering Florida after entering the country illegally.

The legislation mandates the death penalty for undocumented immigrants who commit capital crimes, such as first-degree murder or child rape. This measure extends beyond the executive orders of President Donald Trump, prompting criticism from Democrats and lawmakers who argue it is unconstitutional and are considering legal challenges.

Republican state representative Lawrence McClure asserts that the severe penalties serve as a deterrent to offenders. "Don't come to the state of Florida illegally. That's the message," he stated.

However, César Cuauhtémoc García Hernández, a law professor at Ohio State University specializing in immigration and criminal law, argues that Florida’s laws are "colliding head-on with the constitutional guarantee of equal protection for everyone in the United States."

Last year, DeSantis signed a law increasing penalties for those committing serious state crimes after being deported and convicted of illegal reentry into the country under federal law.

Key Questions About Florida's Immigration Law Changes

What are the new penalties for undocumented immigrants in Florida?

Undocumented immigrants in Florida now face more severe penalties, including up to five years in prison for minor crimes and potential death penalty for capital offenses.

How do these laws impact Florida's safety?

Governor DeSantis believes that implementing stricter penalties for undocumented immigrants will enhance safety and security throughout the state.

Why are some lawmakers opposing these laws?

Critics argue the laws violate constitutional rights by not providing equal protection to all individuals in the United States, leading to potential legal challenges.

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