This story was published before the special legislative session opened at 10:30 a.m. on Monday. The Florida Legislature pushed back against the governor's proposals and issued its own proposals, namely shifting immigration enforcement to the independent office of Agriculture Commissioner Wilton Simpson — who does not answer to DeSantis.
Florida Gov. Ron DeSantis will seek to make the state even more hostile to undocumented immigrants at a special legislative session due to start Monday, draft legislation obtained by WLRN shows.
The lengthy wishlist crafted by DeSantis’ office outlines the scope of his plan to aggressively discourage undocumented immigrants — and potentially even their families — from remaining in the state.
The governor has indicated that he wants to fully support President Donald Trump's effort to engage in the largest deportation effort in US history, as well as make Florida as unattractive as possible for the undocumented.
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The state plan — if passed in its entirety — would include a rollback of a law that granted undocumented students the right to receive in-state tuition at Florida universities. Republican Lieutenant Gov. Jeanette Nuñez, who twice shared a ticket with Gov. DeSantis in the 2018 and 2022 elections, championed that bipartisan policy when she was in the Florida House of Representatives in 2014. Then-Gov. Rick Scott and other Republican leaders celebrated the passage of the bill.
“Let’s make history together. I can assure you that ten years from now, if we do nothing, we will look back and Florida will be worse for it. But if we take a stand today and we put principles and pragmatism before politics, Florida only stands to benefit,” declared Nuñez on the House floor in 2014.
Eleven years later, at Gov. DeSantis’ urging, that policy could well be reversed. Nuñez posted on X on Saturday "It’s time to repeal this law. It has served its purpose and run its course."
Besides the immigration proposals, other proposals that the governor wants lawmakers to tackle ahead of the regular legislative session that begins in early March include: condominium reforms; overhauling the citizen ballot initiative process; and ongoing hurricane recovery.
It is not at all clear that DeSantis will be satisfied with the special session he has called. Although several bills supporting DeSantis' wishlist were filed over on Sunday, the day before the session, there are no public assurances that they will be passed.
House Speaker Daniel Perez (R-Miami) and Senate President Ben Albritton (R-Wauchula) both sent out a message saying the special session was not needed when DeSantis announced it. In a memo this week, Perez merely noted that the legislature is “constitutionally required to be in Tallahassee” for the session.
Last week, DeSantis warned legislators not to adjourn the special session without any action immigration — and that he would be willing to call another special session if necessary.
“I will continue to wield [my power as governor] as appropriate,” he said during a press conference in Jacksonville, reported POLITICO.
Regardless of what happens, what follows below is a policy wishlist that Gov. DeSantis has asked lawmakers to pass when it comes to immigration policy.
Mandate at least 10% of police staff get trained by ICE for enforcement
Any police department with 25 or more sworn officers would be required to have at minimum 10% of staff trained by ICE to assist in immigration enforcement, if needed. The federal law section cited in the draft bill — 103(a)(10) — specifically would allow local police to be deputized for street-level immigration enforcement, if the US Attorney General determines that there are “urgent circumstances requiring an immediate Federal response.”
The head of any law enforcement agency that does not allow officers to be used for immigration enforcement would face suspension by the Governor.
Mandate most police departments join ICE program
Any police department with 25 or more sworn officers would be required to enter into a written agreement with Immigration and Customs Enforcement (ICE) for participation in the 287(g) immigration enforcement program. Each agency would be required to participate in both parts of the 287(g) program — the jail-based program and the warrant part.
The current law requiring local law enforcement agencies to participate in this program only related to agencies that operate county jails — meaning this new proposal is much larger in scope and would result in a massive uptick in ICE-trained police officers.
Require people to show ID whenever they transfer money abroad
This section would require anyone transferring money abroad — or remittances, often to family members — to show proof that they are not an undocumented immigrant. The section does not specify what that proof would be; the Department of Financial Services would have to decide that at a later time.
Many US citizens and permanent residents make remittances to family abroad, so this provision could potentially affect them if this went into law. Remittances sent from the US make up a massive amount of the GDP of many countries. Haiti alone gets about 22% of its total GDP from US-based families, many of which are in Florida, according to the State Department.
If the state determines that undocumented immigrants have sent money abroad through a Florida-based company, the provision would charge the company that permitted a transaction 25% of the dollar amount transferred.
Immunity for local officials who help immigration enforcement
This proposal would grant immunity to an “elected or appointed state official or a state employee or contractor for damages arising from an action” to support federal immigration enforcement actions.
The immunity would not apply if a court or a jury determines that the official “acted in bad faith, with conscious indifference, or with recklessness.”
Allow Florida officials to transport undocumented immigrants outside Florida and even internationally
This would allow the state to partner with the federal government in transporting undocumented immigrants both to other states outside of Florida, and also to transfer them abroad. Effectively, it would mean that Florida officials would be able to deport people.
The program would be run through the Division of Emergency Management and would be granted a one-time budget of $350 million.
Hike tuition costs for undocumented students
The proposal entirely deletes the section of Florida law passed in 2014 — championed by the Lieutenant Gov. Jeanette Nuñez — that undocumented students can get in-state tuition. If this gets deleted it will immediately become much more expensive for those students to attend public colleges or universities in Florida.
Enhance punishment of any crimes committed by many undocumented people
Anyone who has previously been convicted of a crime related to reentering the US after having been deported would face harsher punishment for any crime they commit in Florida. A second degree misdemeanor would reclassified to a first degree misdemeanor; a first degree misdemeanor would be reclassified to a third degree felony.
No bail for any undocumented immigrants accused of crimes
This section says that the state will presume that “no conditions” will secure the fact that an undocumented person will show up to trial for a criminal case, even if they are accused of a low-level crime. Therefore, no bail or bond should be offered. This would mean that the undocumented person would stay in jail until trial, no matter how long that might take.
Charge people with crimes for helping undocumented immigrants
This section aims to charge anyone who “knowingly and willfully aids or assists any alien who illegally entered or re-entered the United States and then entered this state” with a third degree felony. It does not define what aiding or assisting someone means.
Allow civil lawsuits against people who help undocumented immigrants
This section would allow the victim of any crime committed by an undocumented immigrant to sue “any person who knowingly and willfully aided or assisted such alien entering this state.” The draft language does not define what aiding or assisting someone means.
Friends or loved ones of an undocumented immigrant convicted of a crime could face economic and non-economic damages to the victim of a crime.
Create state level crime for an undocumented immigrant coming to Florida
Anyone over the age of 18 who crossed the border without being inspected or examined by immigration authorities would commit a state level first degree misdemeanor if they enter or “attempt to enter” Florida. That could carry a minimum sentence of nine months in jail.
The section explicitly says that the undocumented person would not be able to be arrested for this crime if they were encountered by police during an investigation of another crime if that person is a witness; if it is at a place of worship where they were worshipping; or at health care facilities.
Creating a new oath for anyone who registers to vote
This proposal would add specific language to voter registration forms that requires would-be voters to affirm: “I am a United States citizen.” If someone violates this section, it would be a second-degree felony. The same applies to anyone who registers a would-be voter that “has knowledge that the registrant is an unauthorized alien.”
