By: Hector A. Chichoni, Esq.
On February 13, 2025, Florida Governor Ron DeSantis signed two new immigration-related laws, Senate Bill 2-C (SB 2-C) and Senate Bill 4-C (SB 4-C), which build upon the previously enacted SB 1718. These laws aim to enhance immigration enforcement and align with federal immigration policies.
Key Provisions of SB 2-C
SB 2-C introduces several measures, including making it a third-degree felony for non-U.S. citizens to vote in elections, with no defenses allowed based on ignorance of citizenship status. It also criminalizes aiding or soliciting noncitizens to vote and restricts the issuance of driver’s licenses and identification cards to unauthorized aliens and undocumented immigrants. The bill establishes the State Board of Immigration Enforcement and the Local Law Enforcement Immigration Grant Program to oversee immigration enforcement and provide funding to local law enforcement agencies.
The bill enhances penalties for crimes committed by unauthorized aliens, incorporating immigration status in bail determinations and creating a presumption of substantial flight risk for unauthorized aliens. It also modifies eligibility criteria for out-of-state fee waivers at state universities, limiting them to U.S. citizens or those lawfully present in the country.
Key Provisions of SB 4-C
SB 4-C creates the crime of illegal entry by an adult unauthorized alien into Florida, classifying it as a first-degree misdemeanor with a mandatory minimum term of imprisonment of nine months. A second violation is a third-degree felony with a mandatory minimum term of imprisonment of one year and one day, while a third or subsequent violation requires a mandatory minimum term of imprisonment of two years.
The bill also addresses illegal reentry, making it a third-degree felony for unauthorized aliens who have been previously deported or removed to reenter the state. It includes mandatory minimum sentences and exceptions for those with prior convictions.
SB 4-C mandates that unauthorized aliens convicted of a capital felony be sentenced to death. It also requires law enforcement agencies to report arrests for illegal entry or reentry to the federal government.
Financial and Enforcement Implications
SB 2-C allocates over $300 million for its enforcement, indicating Florida’s commitment to implementing these immigration-related laws. This includes hiring additional law enforcement officers and providing training to ensure effective enforcement.