Florida’s New Immigration Laws: What You Need to Know

As an immigration attorney with over 20 years of experience, I had the opportunity to speak with Julio Sánchez on Blu Radio about the new immigration laws recently passed in Florida. These laws have sparked great concern among the Hispanic community, as they introduce significant changes, including criminal penalties for undocumented immigrants and even the possibility of the death penalty for certain crimes.

One of the most alarming provisions is the governor’s approval of the death penalty for undocumented immigrants who commit capital offenses. As I explained in the interview, under Florida’s new legislation, crimes such as murder and sexual offenses against minors committed by undocumented individuals are considered aggravating factors, making the application of the death penalty more likely.

However, this measure could face serious constitutional challenges. The Eighth Amendment of the U.S. Constitution prohibits “cruel and unusual punishment,” which means this law could be contested in federal courts. Legal experts and pro-immigrant organizations are already preparing to challenge its constitutionality.

Previously, being undocumented was a civil infraction under federal immigration law. However, with this new Florida law, merely being in the state without documentation is now considered a state crime. This shift has raised many concerns about its legality, as immigration law falls under federal jurisdiction. As I mentioned in the interview, this aspect of the law is likely unconstitutional and will face legal opposition.

Another major issue is the new role of local police officers in enforcing immigration laws. Under this legislation, police officers can detain individuals for minor infractions and question their immigration status. This presents serious challenges, as police officers are not trained to analyze the complex nuances of immigration status. Immigration law is not black and white—there are many people in legal limbo, such as asylum seekers and individuals with pending visa applications.

The bill includes funding to train police officers in immigration enforcement, but this could lead to wrongful detentions and increased racial profiling. Many fear that undocumented individuals, including those with legal protections, will be unjustly targeted.

The law also removes “in-state tuition” benefits for students with DACA or Temporary Protected Status (TPS). Previously, these individuals could pay lower tuition fees as state residents, but now they must pay “out-of-state tuition,” which is significantly higher. This change makes higher education less accessible for many young immigrants who have been living and studying in Florida for years.

Given the severity of these new laws, legal challenges are inevitable. The best way to fight these measures is through the court system, particularly at the federal level. Federal courts are more likely to scrutinize constitutional violations, while state courts, which are often influenced by political factors, may not provide the same level of impartiality.

Additionally, there is a political dimension to these laws. A newly created state immigration committee, led by the governor and other state officials, will oversee the implementation of these policies. This raises concerns about the potential for politically motivated enforcement.

These new immigration policies represent one of the most aggressive anti-immigrant measures in the United States. While some states have attempted similar laws in the past, many have failed due to legal challenges. I strongly believe that this law will be contested in court and may not be enforced as written.