TALLAHASSEE, Fla. – Amid a slew of new bills during Florida’s Legislative special session this week tackling illegal immigration, one stands out among the rest.
House Bill 3C introduces new criminal penalties under state law related to illegal immigration, specifically as it applies to undocumented migrants coming into the state after entering (or reentering) the country illegally.
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The bill — which was originally filed on Monday by Rep. Lawrence McClure (R-68) and Rep. Sam Garrison (R-11) — would punish undocumented migrants convicted under this statute via the following guidelines:
- First violation — First-degree misdemeanor with a mandatory minimum jail sentence of nine months
- Second violation — Third-degree felony with a mandatory minimum prison sentence of one year and one day
- Third violation and so on — Third-degree felony with a mandatory minimum prison sentence of two years
However, the bill also provides some protections from these rules, such as when the migrant in question is a witness to or victim of a separate crime.
“An unauthorized alien may not be arrested for a violation of this section if the unauthorized alien was encountered by law enforcement during the investigation of another crime that occurred in this state and the unauthorized alien witnesses or reported such crime or was the victim of such crime,” the bill reads.
But a harsher provision included in the bill imposes a mandatory death sentence for any undocumented migrant convicted of a capital felony, meaning severe criminal cases like premeditated murder, child rape, and drug trafficking.
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A Legislative analysis of the bill notes that the U.S. Supreme Court ruled against a death penalty mandate in Woodson v. North Carolina, prompting questions about whether HB 3C would even pass muster on a legal front.
“The (Supreme) Court held the law violated the Eighth and Fourteenth Amendments because evolving standards of decency require, prior to imposing the ultimate punishment of death, consideration of the relevant facets of the character and record of the individual offender or the circumstances surrounding the offense,” the analysis reads.
Regardless, HB 3C was approved by a Legislative budget committee on Wednesday, paving the way for its consideration among the general body.
An amendment was also proposed following that approval, attempting to establish an “Immigration Enforcement Task Force” through the bill. The task force would determine the best practice for procedures like asking people about their immigration status and arresting undocumented migrants found in churches or schools.
If HB 3C is approved by lawmakers and signed into law, it is set to take effect immediately.
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