Florida’s new law, known as SB-2, establishes harsher criminal penalties for individuals in the United States without legal status who are convicted of crimes within the state. The measures include steeper penalties for misdemeanors and the mandatory imposition of the death penalty in cases of first-degree murder.
The law, championed by Republican Governor Ron DeSantis, is part of a state effort to increase penalties against undocumented immigration. “Florida will be a safer state,” DeSantis stated, noting that the provisions could serve as a model for other jurisdictions across the country.
One of the key changes is the elevation of certain crimes to a higher penalty category when the defendant lacks legal status in the U.S. While petty theft in Florida may be punished with up to one year in jail and a fine of $1,000 for most residents, an undocumented immigrant will face up to five years in prison and a fine of $5,000 for the same offense.
What Does Florida’s Mandatory Death Penalty Entail?
The statute also mandates the application of the death penalty in cases of first-degree murder, eliminating judicial discretion in such sentences for defendants without lawful immigration status. However, legal experts question the constitutionality of this measure. Kara Gross, of the American Civil Liberties Union (ACLU), stated that there is “legal precedent establishing that mandatory death penalty laws are unconstitutional.”
The U.S. Supreme Court ruled in 1976 in a case against North Carolina that automatic death sentences violated the Eighth Amendment, which prohibits cruel and unusual punishment. Despite this, Republican state Senator Randy Fine, co-author of the legislation, said he expects the Supreme Court to reconsider its stance nearly five decades after that decision.
How Do These Measures Affect Misdemeanors?
In 2024, DeSantis had already signed a law increasing penalties for those who commit state crimes after having been previously deported and convicted of illegal reentry under federal law. This law raises the severity of sentences by one level, for example, elevating a third-degree felony—punishable by up to five years in prison—to a second-degree felony, with penalties of up to 15 years in prison and fines of $10,000.
The new legislative package expands this criterion and applies penalty increases to all defendants without lawful immigration status, regardless of whether they have been previously deported. In this regard, law professor César Cuauhtémoc García Hernández of The Ohio State University said the law could face legal challenges under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. In a 1982 ruling, the Supreme Court determined that Texas failed to demonstrate a compelling state interest in excluding children without lawful immigration status from school funding.
What Role Do Law Enforcement Agencies Play in Enforcing These Laws?
Florida’s 67 sheriffs have agreed to fully cooperate with U.S. Customs and Border Protection (CBP) to enforce state immigration laws. In addition to Florida, other states are considering similar measures. According to legislatures in Alabama, Idaho, Indiana, Minnesota, South Carolina, and Texas, they have proposed increasing penalties for crimes committed by individuals in the country without legal status.
In Texas, state Senator Pete Flores introduced a bill that raises the penalty classification by one level for most crimes committed by undocumented immigrants, citing public safety reasons. Meanwhile, Utah has passed a more specific initiative in the Senate that imposes mandatory prison sentences for repeat offenders in theft and drug trafficking cases, with no possibility of early release.
Reactions and Potential Legal Challenges
Immigrant rights organizations have expressed opposition to Florida’s new legislation. The ACLU of Florida argued that the law could violate the principle of equal protection under the law, enshrined in the Fourteenth Amendment of the U.S. Constitution. Experts warn that the measure could be challenged in federal courts, potentially leading to a lengthy legal process.
Additionally, some business leaders have raised concerns about the legislation’s impact on sectors such as agriculture, construction, and hospitality, where a significant portion of the workforce consists of immigrant workers. According to several employers, the strict enforcement of these penalties could affect employee availability in key industries for the state’s economy.
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