New Florida Immigration Law: What You Need to Know

The immigration landscape in Florida is shifting dramatically, leaving many members of our community in a state of concern and uncertainty. Recently, I had the opportunity to discuss these changes on Univision TV with journalist Félix de Bedout. This law, spearheaded by Governor Ron DeSantis, aligns with policies from President Trump but has sparked considerable debate, with many experts—including myself—raising concerns about its constitutionality and its impact on immigrant communities.

This new legislation introduces a series of measures that make life increasingly difficult for immigrants in Florida. Among the most concerning changes:

1. Law Enforcement’s New Role in Immigration Enforcement
Traditionally, enforcing immigration laws has been the responsibility of federal agencies like Immigration and Customs Enforcement (ICE). However, this law grants local police the authority to stop individuals and inquire about their immigration status. Police officers will receive training to determine whether someone is legally residing in the U.S., which is a significant and worrisome shift from the standard enforcement process.

This raises serious legal concerns, as immigration status is a federal matter. The involvement of state and local law enforcement in immigration checks could lead to racial profiling, increased fear in immigrant communities, and a reluctance to report crimes due to the fear of being questioned about immigration status.

2. The Death Penalty as a Consequence for Undocumented Status?
Another highly controversial aspect of this law is its potential connection between undocumented status and the death penalty. In Florida, violent crimes can already result in capital punishment. However, what is unprecedented is the possibility that being an undocumented immigrant could be considered an aggravating factor in criminal cases, potentially increasing the severity of sentencing—including eligibility for the death penalty.

This is a deeply concerning legal precedent. Typically, aggravating factors in criminal cases involve intentional and particularly harmful actions, such as violence against pregnant women or elderly individuals. Suggesting that simply being undocumented is a comparable aggravating factor challenges fundamental principles of justice.

From a constitutional perspective, this is highly problematic. The U.S. Constitution guarantees equal protection under the law, and it prohibits cruel and unusual punishment. Undocumented immigration is a civil matter, not a criminal offense, which makes the idea of linking it to the death penalty particularly disturbing.

Higher Education Costs for Immigrant Students
Another major issue under this law is its impact on immigrant students. Previously, undocumented students who had lived in Florida for years could qualify for in-state tuition rates at public universities. This law eliminates that possibility, forcing them to pay out-of-state tuition rates, which can be more than $12,000 higher per year.

Unfortunately, this policy is harder to challenge legally because tuition regulations fall under the control of state governments. Unlike other provisions of the law that may be deemed unconstitutional, this measure is within the state’s authority to implement. However, this will have devastating consequences for many students who have lived in Florida for most of their lives and now face financial barriers to continuing their education.

As I emphasized in my Univision interview, this law is likely to face numerous legal challenges. Some of its provisions may violate constitutional protections related to equal treatment, due process, and protection from cruel and unusual punishment. We expect lawsuits to be filed in the coming weeks, particularly against the law’s more extreme measures.

However, while legal battles take time, it is crucial for immigrants and their families to stay informed and understand their rights. If you or someone you know is affected by this law, it is important to seek legal advice from an immigration attorney as soon as possible.

If you are concerned about how this law might affect you or your loved ones, here are some steps you can take:

✔ Stay Informed – Follow trusted legal sources, news updates, and community organizations that advocate for immigrant rights.

✔ Know Your Rights – If you are stopped by police, remember that you have the right to remain silent and are not required to disclose your immigration status.

✔ Seek Legal Assistance – If you are uncertain about how this law affects you, consult with an immigration attorney. Do not wait until an emergency arises.

✔ Get Involved – Community advocacy plays a significant role in shaping policies. Support organizations that are fighting for immigrant rights and make your voice heard.

Final Thoughts

This new Florida immigration law is one of the most restrictive measures we have seen in years. While it is likely to face legal challenges, it is already causing fear and hardship among immigrant families. Now, more than ever, it is essential to be informed, prepared, and proactive in protecting your rights.

I will continue monitoring this law closely and providing updates on its legal challenges and implications. If you have questions or need legal guidance, contact my office for a consultation.

Together, we can navigate these uncertain times and work toward a more just and fair immigration system.

You can watch my interview on Univision TV here on my YouTube channel.