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February 14, 2025The House and Senate convened in Special Session C from Tuesday, February 11 to Thursday, February 13 for the exclusive purpose of passing legislation to address illegal immigration. A 3-bill package preserved the core provisions of the measure passed in Special Session B, with only a few modifications. The bills were passed by both chambers and signed by Governor DeSantis on Thursday.
Rather than a single statewide immigration officer that would have been created by earlier legislation, SB 2C/HB 1C creates a State Board of Immigration Enforcement comprised of the Governor, Commissioner of Agriculture, Attorney General, and Chief Financial Officer. All decisions must be approved unanimously.
As the Senate and House Budget Committees debated their immigration enforcement bills, Michael Sheedy noted a shared concern for immigration policy and the need to have a coordinated response that includes input from local and state law enforcement who have significant missions beyond immigration to uphold. He also expressed concerns over two proposed provisions that the legislation contains.
The first is that the legislation mandates the death penalty for undocumented people who are found guilty of capital crimes. Catholic opposition to the death penalty is well known – as is opposition to abortion and the death penalty. He noted the significant body of research that shows the death penalty is not a deterrent to violent crime and that – even if counterintuitively – the death penalty is much more expensive to administer than the alternative of life without parole, given the much higher costs at trial and the necessary appeals process (because someone’s life is at stake). The death penalty appeals process also often prolongs the legal process for victims and can delay their closure and healing from the traumas experienced. Many legal experts expect the bill’s death penalty to be successfully challenged in the courts.
He also expressed support for the current policy that makes in-state tuition rates available to all students who spend three years in a Florida high school and graduate and maintain residence in Florida. There was considerable testimony in the committee from so-called “Dreamers” whose college costs would rise significantly through the bills.
Finally, Sheedy expressed hope that the impulse to respond to immigration challenges seen at the state level would inspire Congress to take on comprehensive immigration reform.
The bill also creates a new criminal offense prohibiting “illegal entry” into Florida by an unauthorized alien. This is similar to a Texas state law which is currently enjoined pending a legal challenge arguing that the law is invalid because immigration enforcement falls under the exclusive purview of the federal government. Iowa, Louisiana, and Oklahoma have passed similar laws as well but the enforceability of those laws are ultimately dependent on the outcome of the challenge to the Texas law.
