Florida’s immigration crackdown just got tougher with a set of new immigration laws that roll back the rights of undocumented criminal defendants to post bail. The new laws, which are already in effect, bring state immigration enforcement efforts in line with the federal Laken Riley Act. It’s all part of the sweeping changes in how the state’s criminal justice system treats undocumented immigrants accused of crimes.
Impact on Florida’s New Immigration Bail Laws
Senate Bill (SB) 2C
Under Senate Bill (SB) 2C, judges must take a defendant’s immigration status into account in the decision to grant bail. That was generally just an option for the court before, but now it’s mandatory. Further, judges must assume that an undocumented immigrant is likely to flee before trial when considering pretrial release. It’s called a “rebuttable assumption” in the law, meaning a defendant has the right to challenge if they can prove by a “preponderance of evidence” that they are not a flight risk, or they will be kept in jail until their trial.
For many undocumented immigrants accused of crimes, this means facing long stretches in jail before trial, making it harder to prepare a defense, keep a job, or maintain family ties.
Senate Bill (SB) 4C
Senate Bill (SB) 4C applies specifically to undocumented immigrants charged with “forcible felonies,” (crimes involving the use or threat of physical force or violence). The law says that undocumented immigrants arrested for forcible felonies are not eligible for release from pretrial detention until their first appearance hearing. And if, at the first hearing, the judge finds probable cause for the arrest, SB-2 applies, so bail is still a long-shot.
SB 4C also:
- Increases penalties for crimes committed by undocumented immigrants
- Mandates the death penalty for undocumented immigrants convicted of certain severe crimes
- Makes unauthorized entry into Florida a third-degree felony, with a prison sentence of up to five years
Controversy and Legal Challenges
The ACLU of Florida and other civil rights organizations have strongly condemned the new laws, arguing that they unfairly target immigrant communities and critics question the constitutionality of denying bail based on immigration status. Criminal defense attorneys who work with unlawful immigrants say the new laws will likely be challenged in court because they go against the U.S. Constitution. Experts say the new immigration enforcement laws in Florida may be unconstitutional for three main reasons:
Due Process: The Due Process Clause appears in both the 5th and 14th Amendments, guaranteeing that no one shall be deprived of “life, liberty, or property without due process of law.” It applies to all “persons” in the U.S., not just citizens. The Supreme Court has consistently held that undocumented immigrants, have due process rights. (Yick Wo v. Hopkins, 118 U.S. 356, 1886)
Discriminatory: Target a specific group of people, in violation of the Equal Protection Clause of the 14th Amendment, which prohibits discrimination in legal proceedings. It applies to everyone, including undocumented immigrants. (Plyler v. Doe, 457 US 202, 1982)
Preemption: Conflict with federal law. Federal law preempts (overrides) state immigration laws when they conflict. (Arizona v. United States | 567 U.S. 387, 2012)_
Orlando Criminal Defense Attorney
Many people are being caught up in Florida’s new, harsh anti-immigration laws. In times like these, everyone’s right to fair treatment before the law is in jeopardy. If you or a loved one are affected by these new laws, don’t face the system alone. Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm. Our experienced and aggressive team is ready to protect your rights and fight for the best possible outcome in your case.
