Related videos:
The laws of Florida will not judge all individuals living in the state equally; rather, the penalties will depend on whether the person who committed the crime – if they are a foreign national – is in an irregular immigration status or not.
In the midst of the Trump administration's crusade against illegal immigration, Governor Ron DeSantis has ordered that harsher penalties be imposed for crimes committed by undocumented individuals compared to those committed by others.
In that way, while a misdemeanor theft can result in up to one year in prison and a fine of $1,000 for most residents of Florida, an illegal immigrant could face a sentence of up to five years in prison and a payment of $5,000.
In the case of a first-degree murder, an automatic death penalty could now be applied.
DeSantis asserts that "Florida will be a safer and more protected state" and a model for other states, thanks to his new laws to combat illegal immigration and strengthen mass deportations in the state.
In addition to increasing penalties for all crimes committed by immigrants in an irregular situation, the Republican politician ordered the creation of a new crime: entering Florida after illegally arriving in the country.
The new legislation establishes the death penalty for undocumented immigrants who commit capital offenses such as first-degree murder or child sexual abuse. This provision goes beyond the executive orders of President Donald Trump, and Democrats and lawmakers argue that it is unconstitutional and announce a potential lawsuit in the courts.
According to Republican State Representative Lawrence McClure, the stricter penalties are intended to deter offenders.
"Do not come to the state of Florida illegally. That is the premise," he stated.
But according to César Cuauhtémoc García Hernández, a law professor at Ohio State University specializing in immigration and criminal law, Florida's laws "are bringing about a direct collision with the constitutional guarantee of equal protection for all those in the United States."
Last year, DeSantis signed a law that toughens penalties for those who commit state felonies after having been previously deported and convicted of illegal reentry into the country, according to federal law.
Frequently Asked Questions About the New Sanctions on Immigrants in Florida
What are the new sanctions for illegal immigrants in Florida?
The new laws in Florida impose harsher penalties for illegal immigrants who commit crimes. For instance, a misdemeanor theft charge can result in up to five years in prison and a fine of $5,000 for an illegal immigrant, compared to one year in prison and a $1,000 fine for other residents.
Is the automatic application of the death penalty for illegal immigrants constitutional?
The automatic imposition of the death penalty for illegal immigrants charged with capital offenses is highly controversial. Kara Gross, from the American Civil Liberties Union of Florida, argues that mandatory death penalty laws are unconstitutional, citing Supreme Court precedents that prohibit cruel and unusual punishments.
What impact do these laws have on the judicial and penitentiary system of Florida?
The laws can overload the judicial and penitentiary system of Florida. By imposing harsher penalties and removing judicial discretion in certain cases, an increase in the prison population and possible legal challenges in the courts is anticipated.
What other states could follow Florida's example regarding sanctions for immigrants?
Several states such as Alabama, Idaho, Indiana, Minnesota, South Carolina, and Texas are considering similar measures. These states are evaluating increasing penalties for certain crimes committed by illegal immigrants, supporting the immigration crackdown policy promoted by Florida.
Filed under: