Florida's tougher immigration laws could face legal challenges
MIAMI - Florida's new immigration laws, which impose harsher penalties for undocumented immigrants convicted of crimes, could soon face legal challenges, according to legal experts.
Legal challenges on the horizon
Immigration attorney Elizabeth Ricci argues that the law is likely unconstitutional and will be challenged in court.
"We're treating people differently based on their nationality, about how they should be penalized for a crime. That is likely unconstitutional and it will probably be litigated quickly and, again, will cost Florida taxpayers quite a bit," she said.
She also noted that in some cases, local prosecutors will now have to determine whether a defendant is undocumented, a role she says should not fall under their jurisdiction.
Concerns over everyday impact
Thomas Kennedy, a member of the Florida Immigrant Coalition, warned that the law could have widespread consequences for many immigrants.
"Undocumented people have to get behind the wheel every day to get to work. So you could have, under this law, people that are stopped for driving without a license that all of a sudden are catching a felony left and right in the state," Kennedy said.
While the law is set to take effect, legal experts predict swift court challenges that could shape its future.
Stricter penalties for undocumented defendants
The new law increases penalties for crimes committed by undocumented immigrants, making it illegal for individuals who entered the country unlawfully to come to Florida. Violators face a mandatory nine-month prison sentence.
Additionally, the law imposes a mandatory death penalty for capital offenses such as first-degree murder. It also elevates certain misdemeanors to felonies.
Undocumented immigrants convicted of felonies while affiliated with a criminal gang now face mandatory minimum sentences, five years for a third-degree felony, 15 years for a second-degree felony and 30 years for a first-degree felony. The law also prohibits early release on parole.
Ernesto Ackerman, who immigrated to Miami from Venezuela in 1989 on a work visa, said he understands why Gov. Ron DeSantis took these measures.
"If you want to live in this country, you need to respect the law," Ackerman said.
