Florida Passes Tougher Immigration Package After Gov. DeSantis and Lawmakers Reach Compromise
The new law increases criminal penalties on undocumented immigrants, establishes a State Board of Immigration Enforcement to oversee crackdown efforts, and eliminates in-state tuition for Dreamers.
This special edition of the Central Florida Times newsletter recaps the sweeping immigration package signed by Governor Ron DeSantis on Thursday, positioning Florida as the state with the nation’s strictest immigration laws.
Lawmakers returned to Tallahassee last week to begin their third special session of the year, culminating in the passage of an immigration bill signed into law by Governor Ron DeSantis. This development comes on the heels of a previous special session, where the Legislature approved a comprehensive anti-illegal immigration package known as the TRUMP Act. However, DeSantis threatened to veto the bill, criticizing it for not going far enough. The Senate did not have the necessary two-thirds majority vote to override a veto and the Legislature’s leadership never sent the bill to the governor. As a result, House and Senate leaders were forced to compromise and called for a new special session to address the governor's concerns. This followed a public feud that pitted Senate President Ben Albritton (R-Wauchula) and House Speaker Daniel Perez (R-Miami) against the state’s chief executive. The outcome was a more stringent immigration bill that aligned with DeSantis' vision. The bills, sponsored by Sen. Joe Gruters (R-Sarasota) and Rep. Lawrence McClure (R-Dover), aim to bolster cooperation between state, local, and federal authorities in the arrest, detention, and deportation of illegal immigrants.
The revisions to the TRUMP Act notably removed Agriculture Commissioner Wilton Simpson as the state’s chief immigration officer, shifting oversight to a new State Board of Immigration Enforcement, consisting of the Governor, Agriculture Commissioner, Attorney General, and Chief Financial Officer. The cabinet officials must unanimously agree on a decision for it to become policy. One of DeSantis’ most critical arguments about the previous proposal was placing control of state immigration enforcement under the Department of Agriculture. He claimed it created a conflict of interest and “stripped” the governor’s powers away as he advocated for a larger role in enforcing immigration laws in his threats to veto the earlier bill. Albritton and Perez noted that they exchanged ideas with DeSantis and Simpson, and consulted with the Trump administration on “technical assistance” to craft the latest version of the immigration legislation. The new law also makes it a state-level crime for illegal immigrants to knowingly cross into Florida and places greater responsibility on local police and sheriff's offices to enforce state and federal immigration laws.
Here’s what’s included in the new sweeping immigration legislation:
Creates the State Board of Immigration Enforcement comprised of the Governor, Agriculture Commissioner, Attorney General, and CFO. The governor is to serve as chairman of the Board, with all actions required to receive a unanimous vote.
Authorizes the Board to distribute $250 million in grants to local law enforcement agencies to assist federal officials in enforcing immigration laws, permitting the purchase of new equipment, or covering training. The program will reimburse related expenses or provide $1,000 bonuses to officers involved in Homeland Security task force operations.
Establishes state-level crimes for illegal immigrants who enter Florida without legal authorization.
Replaces the Unauthorized Alien Transport Program (commonly referred to as the migrant flight program), with a new Division of Emergency Management program that allows the transport of undocumented immigrants only at the federal government’s direction. U.S. Immigration and Customs Enforcement (ICE) can request assistance from the state for the transportation of illegal immigrants but would be required to reimburse Florida taxpayers for costs associated with such transportation.
Requires state and local law enforcement to assist the federal government in immigration enforcement.
Creates and enhances criminal penalties and mandatory sentences for crimes committed by illegal immigrants. This includes a mandatory death penalty for illegal immigrants convicted of murder or child rape.
Ends “catch and release” by denying bail and mandating pretrial detention for undocumented immigrants who commit forcible felonies (e.g. murder, arson, rape, kidnapping, armed robbery, aggravated assault, and carjacking).
Eliminates the out-of-state tuition fee waiver for students lacking permanent legal status (“Dreamers”).
Authorizes the governor to suspend or remove from office any local elected official who adopts an ordinance, a regulation, or policy refusing to comply with or directing others to refuse to comply with immigration deportation or enforcement efforts. Courts are instructed to invalidate any laws or regulations issued by a government entity that are found to be in noncompliance and may impose fines of $5,000 on elected representatives or officials responsible.
Gives the governor emergency power authority to oversee interior enforcement of immigration laws.
Provides an appropriation to the Department of Agriculture and Consumer Services to hire 84 additional law enforcement positions to support illegal immigration interdictions.
Establishes State Board of Immigration Enforcement Council to advise the State Board of Immigration Enforcement. The eight-member Council will be comprised of county sheriffs and police chiefs from Florida.
Bans those in the country illegally from participating in any post-arrest diversion programs.
Creates a third-degree felony for illegal immigrants to vote in state elections.
Prohibits the Department of Highway Safety and Motor Vehicles (DHSMV) from issuing a driver's license or ID card to those in the country illegally.
Enhances criminal penalties for illegal immigrants who are members of a transnational gang or accused of engaging in gang activity.
Includes funding to construct a new North Florida interdiction station tasked with curbing illegal immigration along the I-10 corridor.
The legislation builds off the proposals outlined in the Trump Act, creating a compromise package that legislative leaders called the “strongest crackdown on illegal immigration in the nation.” This includes the most controversial provisions repealing in-state college tuition waivers to “Dreamers,” undocumented students brought to the U.S. as young children by their parents and imposing harsher punishments for undocumented immigrants who commit crimes, such as mandatory death sentences for murder or rape. Democratic Minority Leader Jason Pizzo (D-Hollywood) put forth an amendment that would retain in-state tuition rates for current students. While the amendment failed, four female Republican senators joined Democrats to grandfather the tuition waiver for undocumented students.
The latest legislation does not address international remittances, or monetary transfers abroad, from individuals or family members to others living outside the country, which DeSantis has long sought to penalize. In previous proposals, he outlined his goal of requiring individuals who seek to send money abroad to provide proof that they are not undocumented. If the state determines an individual without legal authorization made a remittance through a Florida-based company, a 25% charge would be levied on the company that permitted the transfer. DeSantis has argued that such a system, similar to the E-Verify program, would help deter undocumented immigrants by reducing the economic incentive to migrate illegally. Remittances sent from the U.S. make up a significant amount of the GDP of many countries in Latin America and the Caribbean, with Florida one of the top states for sending money overseas. Billions of dollars in remittances flow from Florida to other countries, with the state ranking as the largest source of dollars to Cuba and No. 5 in monetary support to Mexico, according to 2017 data.
The measures introduced in the immigration package will cost Florida taxpayers $298.8 million appropriated from the General Revenue Fund. Within an hour of passing the House and Senate, Governor DeSantis signed the bill, becoming effective immediately.
Political experts say the success of Florida’s immigration bill is crucial to DeSantis’ legacy. However, they warn of potential economic repercussions, as migrant labor is vital to key industries like construction/homebuilding, agriculture, and hospitality. Restricting the workforce could lead to higher costs for Floridians, potentially driving inflation and making everyday goods more expensive.
The compromise immigration bill struck between Governor Ron DeSantis, House Speaker Daniel Perez, and Senate President Ben Albritton signals a potential thaw in their previously strained relationship. The agreement and solidarity on display come after weeks of public sparring and disagreement over immigration policy, alignment with President Trump’s agenda, and the balance of power in Tallahassee. Officials are now expressing praise for one another. “I want to thank the governor for being a great partner in this and, of course, President Albritton from the beginning in the trenches in order for us to put forth the best product that we could,” Speaker Perez said at Thursday’s bill signing alongside the governor. "We may have had different ways of how to get there, but at the end of the day those are discussions that were healthy, necessary, and make democracy way better after the conversation has been had," he added. Governor DeSantis echoed the sentiment, downplaying the earlier Republican infighting saying, “This is business; it’s not personal. I don’t take this stuff personally.” While the unified front signals a reconciliation with lawmakers, the rift could resurface as the regular legislative session begins on March 4, with high-stakes issues on the agenda. These include condo reforms, which the governor has pushed for amid reservations voiced by Speaker Perez, and a DeSantis-backed proposal for open carry legislation that has faced resistance from President Albritton. Lawmakers are also set to revisit the governor’s past budgetary vetoes, potentially overriding tens of millions in cuts made by DeSantis last year. Similarly, Speaker Perez has advocated for trimming state spending as the governor rolled out a $115.6 billion spending plan that ranks among the largest in state history.
Nonetheless, for now, the compromise on immigration signals a willingness to cooperate and find common ground amidst political divisions. With more than 700 bills already filed, any discord could significantly impact the 2025 legislative session's productivity, contrasting with the generally harmonious governance of the past six years.
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