Florida legislators gathered in Tallahassee on Monday, January 27, 2025, to convene for a special session called by Governor DeSantis to address a range of topics, including immigration. After a short period of announcements, the House and Senate adjourned, only to re-adjourn in a separate special session called by legislative leaders to take up and pass their own immigration legislation instead of the governor's broader plan.
Seeking to align state law with expanded enforcement of federal immigration law under President Trump, HB 1B / SB 2B, sponsored by Rep. Lawrence McClure (R-Plant City) and Sen. Joe Gruters (R-Sarasota), were heard in committee on Monday and passed by both the Senate (21-16) and the House (82-30) on Tuesday evening. Governor DeSantis has indicated that he will veto the bill.
The measure would establish the Office of State Immigration Enforcement and designate the Commissioner of Agriculture as the Chief Immigration Officer. Over $500 million would be allocated from the state's general revenue fund to enhance state and local enforcement efforts and ensure collaboration with federal authorities.
Of concern to the FCCB, the measure would also eliminate in-state tuition waivers for undocumented students at Florida’s public universities and colleges. There is no provision to accommodate students who have already begun their advanced studies. It is noteworthy that the bill would preserve in-state tuition for those who are "lawfully present" in the US, which includes those with temporary protective status (TPS), those with asylum claims, DACA recipients, and others. Bill sponsors argued that by removing incentives, such as in-state tuition waivers, undocumented immigrants would be deterred from coming to Florida.
Initially passed with bipartisan support, in-state tuition waivers are granted to students who were brought into the US as children and have attended a Florida high school for at least 3 consecutive years. These students tend to be hard-working and goal-oriented, with high academic standing. The vast majority attend colleges with open enrollment. By allowing them to maximize their academic potential, they are best able to make positive economic contributions to the state.
Additionally, the legislation would increase criminal penalties for certain crimes when committed by an undocumented immigrant. Of particular concern to the FCCB, it would make the death penalty mandatory if an illegal immigrant is convicted of a capital offense, including murder or rape of a child. This provision conflicts with established legal precedent. For Church teaching on the death penalty, click here.