Image Credit: Gagan Kaur/Pexels, text made with Canva.
Florida Immigration

Governor DeSantis Wages War on Non-Citizens: Implications for Immigrants in Florida 

Ilse Salas Castro

Governor DeSantis Wages War on Non-Citizens: Implications for Immigrants in Florida. 

“I think it’s a huge waste of time for our government to focus on something so small, but apparently that’s where they are,”  Vanessa Coe from Legal Aid Society of Palm Beach County in response to Governor DeSantis signing new immigration laws. 

Under Governor DeSantis’ administration, the state of Florida has fostered an unsafe environment for the immigrant community and has passed several bills to limit the freedom of non-citizens. On the 15th of March, DeSantis signed three bills (SB 1036, HB 1451, and HB 1589) that he believes will help Florida “combat illegal immigration” in the state. 

“We do not tolerate illegal immigration, much less the disorder committed by illegal foreigners who, to begin with, should not be here. The bills I signed (on Friday) further increase Florida’s capabilities to enforce the law,” said DeSantis.

 

Breakdown of New Florida Laws

On March 15  DeSantis tweeted, “Last year, I signed the toughest anti-illegal immigration legislation in the country. Today, I signed three more bills to build on the work we have done to protect Floridians from the impact on the border crisis.” The following infographic was shared in the tweet:

 

DeSantis’ Infographic on new bills 2024. Image Credit: @GovRonDeSantis.

 

House Bill 1589:

The DeSantis administration prohibited the use of out-of-state driver licenses by non-citizens after signing Senate Bill 1718 in 2023. The new bill HB 1589, also known as “Driving Without a Valid Driver’s License”  increases the penalties for those charged with driving without a valid driver’s license two or more times. 

 

 

 

 

Originally, if someone was caught driving without a license and it had happened more than twice, the penalty would be a maximum sentence of 60 days in jail. The new law increased the sentence to a maximum of a year in jail. After a third offense, ten days in jail would be the mandatory minimum.  

DeSantis tweeted that the state of Florida will not be giving non-citizens driver’s licenses and won’t be recognizing forms of identification provided by sanctuary jurisdictions either. 

“YOU COME HERE, YOU’RE NOT GETTING A LICENSE. WE’RE NOT RECOGNIZING YOUR CALIFORNIA LICENSE…” – says DeSantis (emphasis added).

It is believed by the DeSantis administration that this new law and increased punishment will “be a deterrent for illegal immigration into the state of Florida.” 

Is creating more legislation that instills fear about documentation in the immigrant community productive? 

Renata Bozzetto from the Florida Immigration Coalition says this new law, and similar legislation, is perpetuating further harm and criminalization of the immigrant population. 

“Instead of criminalizing people, the Republican Legislature in Florida should work to invest in initiatives that promote driver safety, address disparities in the licensing process, and ensure equitable access to transportation for all residents,” says Bozzetto. 

Bozzetto also points out that Florida, or even other states, could achieve transportation safety by implementing “comprehensive measures such as driver education, issuance of driver’s licenses to all qualified drivers, and access to insurance.”

The American Civil Liberties Union (ACLU) of Florida disagrees with the new drivers’ license measure because it intentionally targets undocumented immigrants once again and “forces them to subject themselves to criminal penalties for the simple act of driving their children to after-school activities or doctor appointments.” DeSantis is attempting to criminalize every aspect of these immigrants. 

In the country, nineteen states and Washington D.C. issue driver’s licenses to non-citizens regardless of their status. Providing non-citizens with driver education, formal identifications, and insurance would allow the immigrants in our country to legally and safely participate in driving instead of them being fearful of driving and authorities. 

Senate Bill 1036: 

One of DeSantis’ many anti-immigration arguments is that undocumented non-citizens are constantly committing crimes.  “There are many cases of illegal aliens committing a crimes, getting deported, returning, and re-offending. This should never happen,” he tweeted on March 15.

 

 

 

 

DeSantis goes on to say that undocumented immigrants committing crimes in Florida will “spend a long time in prison.“

After signing the bill into a law Gov. DeSantis announced,

“In the state of Florida, if you have been DEPORTED and you come to this state….. and are here illegally and you commit crimes,  we are THROWING the book at you. You are gonna REGRET coming to the state of Florida,” a messaged he tweeted through his account, (emphasis added). 

Through SB 1036, the penalties for individuals committing crimes upon returning to the country illegally after deportation are increased. 

This law reclassifies felonies and because of that it is important to understand that the categories of first, second, and third degree are used because the severity of crimes varies. 

For instance, in the case of murder: 

  • First-degree refers to premeditated, intentionally, and extremely grave murders that are then punishable with up to 30 years in prison. 
  • Second-degree murders while not premeditated still involve the intent to harm or kill and have a penalty of up to 15 years in prison. 
  • Third-degree murders are unintentional or unplanned killings and have a penalty of up to 10 years in prison. 

 

According to SB 1036, a third-degree felony would be charged as a second-degree felony instead. Following this change, a second degree felony would be charged as a first-degree felony and a first degree felony would be charged as a life felony instead. This increase in penalties will only affect those who had previously been deported and then committed a crime after reentering the country. 

House Bill 1451: 

Undocumented immigrants living in Florida are unable to obtain a drivers license and other forms of identification.

Last year, Senate Bill 1718 banned local governments and non-government organizations from giving non-citizens IDs. DeSantis is furthering this ban with House Bill 1451 that “prohibits counties and municipalities from accepting IDs” issued to non-citizens. 

 

 

 

 

After signing HB 1451, DeSantis said the law will “make sure that [non-citizens] cannot get a group in California to just issue them [an ID] and then our local governments are honoring that.”

DeSantis calls these IDs from sanctuary jurisdictions and non-governmental organizations “rogue identifications” and “no jurisdiction, state or local” will recognize these in Florida. 

There are non-profit organizations and nongovernmental groups that provide undocumented immigrants living in Florida with community IDs. This identification “cannot be used for purposes such as driving or voting” because they are “intended to serve as an alternative form of identification.”  In 2021, Broward County in Florida authorized the use of these community cards. 

The Legal Aid Service of Broward County runs the community ID project in the county and states, 

“Any resident of Broward County can apply for a community ID card. This ID is especially useful to formerly incarcerated persons, foster youth, transgender persons, the homeless, new immigrants, refugees, or anyone who might face difficulties obtaining a state-issued ID. Immigration status will not be asked.” 

Some government officials in Florida have opposed this new law and recognize the harm it can lead to. Representative Anna Eskamani, Democrat representing Orlando, said these community IDs “can help residents who are experiencing homelessness [and] help link some of our most-vulnerable residents to resources.” Representative Johanna Lopez agrees and said “restricting access to valid identification jeopardizes public safety.”

Vanesa Coe, a lawyer from the Legal Aid society of Palm Beach County, says that she plans on continuing to provide community IDs even after HB 1451 has been signed. Coe said that as unfortunate as the implementation of more anti-immigration legislation in Florida is “it is not the end of the identification programs.” The community IDs are used by immigrants to “enter a gated community or pick up a prescription” and not for malicious reasons. 

Florida and Immigration

The DeSantis administration believes these new laws will help stop undocumented immigrants from migrating to Florida and also stop those currently fleeing Haiti from entering the state. Those working to protect the undocumented community in Florida have constantly opposed DeSantis and these new laws by pointing out how they are not a solution but instead a tactic to spread more fear.

The undocumented immigrants living in Florida have already experienced an immense change after the legislation passed last year and are yet again being placed in a situation where they are forced to live breaking laws not out of intent but because of necessity. 

DeSantis’ Previous Anti-Immigration Decisions

In 2019, Ronald DeSantis was elected as Governor of Florida and has since then been a key figure in anti-immigration legislation and politics. As more immigrants entered the country in 2022, Governor Abbott of Texas sent thousands of immigrants on buses to sanctuary jurisdictions. 

Governor DeSantis’ supported Gov. Abbott’s anti-immigration actions and even used airplanes, instead of buses, to transport immigrants to Martha’s Vineyard.

Both Gov. Abbott’s and Gov. DeSantis’ anti-immigration actions made headlines and had mass media coverage that sparked even more controversy about the border and  treatment of migrants. 

Many responded against Abbott and DeSantis and even took legal action against these governors and anyone else responsible. A lawsuit was filed against Gov. DeSantis and the Secretary of the Florida Department of Transportation Jared W. Perdue in December of 2022. 

The advocacy groups The Southern Poverty Law Center, Florida Immigrant Coalition Inc., Americans for Immigrant Justice Inc., and Hope CommUnity Center Inc. filed this lawsuit.  

These groups believe DeSantis and Perdue committed unconstitutional actions by usurping “the federal government’s sole role in regulating and enforcing immigration law” and violating the 14th Amendment by conducting “state-sponsored harassment” on immigrants based on “race, color, and national origin.” 

DeSantis and his administration attempted to create Florida’s “own immigration system,”  one that was “separate [and] parallel” to the federal government. These actions only created more tension and confusion around immigration law. 

 

Image of lawsuit filed by advocacy groups against DeSantis and Perdue for their mistreatment of migrants. Credit: splcenter.org.

 

 

In 2023, DeSantis once again transported immigrants from the Texas border  to sanctuary areas this time to Sacramento, California. 

Governor Newsom of California responded to DeSantis’ anti-immigration actions by writing a letter to Attorney General Garland and the U.S. Department of Justice asking them to “open an investigation into possible criminal or civil violations of federal law” that occurred in the transportation of migrants. In this letter Gov. Newsom said he was horrified that migrants were “being shipped on buses and planes across the country to be used as political props.” 

 

 

Image of the letter written by Gov. Newsom to Attorney General Garland and the U.S. Department of Justice. Image Credit: @CAGovernor.

 

In a news release, June of 2023, Attorney General Bonta said the migrants were sent to Sacramento with no care in place and had legal documents from the state of Florida. 

Bonta made it very clear that the government of California would continue to welcome migrants and take legal actions against those who mistreated them. In the news release Bonta said,  “State-sanctioned kidnapping is not a public policy choice, it is immoral and disgusting.

We are a nation built by immigrants and we must condemn the cruelty and hateful rhetoric of those, whether they are state leaders or private parties, who refuse to recognize humanity and who turn their backs on extending dignity and care to fellow human beings.” Both Gov. Newsom and Attorney General Rob Bonta accused Gov. DeSantis of kidnapping. 

DeSantis defended his actions by claiming that the  immigrants were transported willingly and were not kidnapped. In fact, DeSantis believes the immigration crisis should only be the responsibility of the sanctuary areas and that is why he decided to send these migrants to California.  

“I think the border should be closed. I don’t think we have to go through any of this. But if there’s a policy of having an open border, then I think sanctuary cities should be the ones dealing with that.” said DeSantis while visiting Arizona to discuss immigration policies with the state government. 

DeSantis is not only responsible for illegally transporting migrants but also for passing the harshest immigration laws in the country. In 2023, DeSantis signed Senate Bill 1718 that became known as the “strongest anti-immigration legislation in the country.”

 

 

Infographic shared on news release by DeSantis administration in 2023 explaining the new law. Image Credit: Flgov.com.

 

 

SB 1718 prohibited the local government of Florida and non-governmental organizations in the state from issuing IDs to non-citizens and all out of state driver licenses used by non-citizens were invalidated. 

All employers are now required to use E-verify “an online service that confirms an employee’s information against millions of government records” to check the employee’s employment eligibility. The employers who failed to use E-verify would face fines of $1,000 per day and if they knowingly employed a non-citizen their license would be suspended. 

If non-citizens used a false name or form of identification for employment it would be considered a serious felony. If anyone “smuggled” or knowingly transported non-citizens the charges would be a second-degree felony, $10,000 fine, and up to 15 years in prison. 

Hospitals in Florida are now required to collect information about a patient’s legal status and report healthcare costs for non-citizens. Additionally, this new law would allow DeSantis administration to set aside $12 million to continue relocating immigrants to sanctuary jurisdictions through Florida’s “Unauthorized Alien Transport Program.”

See Also by Ilse Salas Castro,

Mayor Adams Wants to Reverse New York’s Sanctuary City Laws

 

Ilse Salas Castro | Immigration Writer

Ilse Salas Castro is a Freshman at Pomona College studying Chicane / Latine Studies and History. In her role as an Immigration Writer for Latina Republic this spring, she aims to share the stories of immigrants in the Latine community residing in the states of California and Louisiana. Ilse will highlight the resistance of this community in Louisiana and its continual growth against all odds, legal challenges, and racial tensions placed upon them. Through the sharing of these stories, Ilse hopes to raise awareness and address the impact a state’s actions on immigration directly affect the lifestyle, wellbeing, and availability of opportunities for the immigrant community.

Ilse has recently begun to delve deeper into her own family’s immigration stories and made efforts to preserve the memories and experiences of her own grandfather about his time in the United States. She hopes to do the same with other generational immigration stories of other Latine elders.

Similar Posts