In early 2025, Florida enacted some of the strictest immigration enforcement legislation in the country. Senate Bills 2-C and 4-C, signed into law by Governor Ron DeSantis, fundamentally reshape the landscape for non-citizens facing criminal charges in the state.

For undocumented immigrants, a criminal arrest in Florida now carries significantly higher stakes, including enhanced prison sentences and mandatory cooperation with federal deportation authorities.

Key Provisions Affecting Criminal Defendants

The new legislation introduces several critical changes that every non-citizen defendant must understand:

1. Mandatory Death Penalty for Capital Felonies

One of the most controversial provisions of SB 4-C is the requirement that courts impose the death penalty for any undocumented immigrant convicted of a capital felony, such as first-degree murder. This provision challenges existing legal precedents and is expected to face immediate court battles, but it currently stands as the law of the land. [1]

2. Enhanced Penalties for Misdemeanors

SB 2-C and SB 4-C enhance the penalties for all misdemeanor crimes committed by undocumented immigrants. Offenses that might typically result in probation or a small fine for a U.S. citizen can now lead to harsher sentencing and immediate detention for non-citizens.

3. Criminalization of Re-Entry

It is now a first-degree misdemeanor for an undocumented immigrant over the age of 18 to "knowingly" enter or attempt to enter Florida. This state-level crime allows local law enforcement to arrest individuals simply for being present in the state without status, independent of federal immigration authorities. [1]

The "Pipeline to Deportation"

The new laws also create a State Board of Immigration Enforcement and allocate nearly $300 million to fund immigration-focused policing. This includes bonuses for officers who cooperate with federal immigration enforcement.

Practically, this means that any interaction with law enforcement—even for minor traffic infractions—can trigger an immigration detainer. Local jails are now more incentivized than ever to hold non-citizens for ICE pickup.

Defense Strategies in this New Era

Given these severe consequences, the strategy for defending non-citizens must be aggressive and specialized.

• Avoiding "Deportable" Convictions: We work to negotiate plea deals that avoid specific charges (like "crimes involving moral turpitude" or "aggravated felonies") that trigger automatic deportation under federal law.
• Challenging the Stop: With local police empowered to enforce immigration laws, we scrutinize every traffic stop for racial profiling or lack of probable cause. If the initial stop was illegal, all evidence—including your immigration status—may be suppressed.
• Bond Motions: We fight for your release on bond before an immigration hold can be placed, giving you a fighting chance to resolve your case from the outside.

At The Mirvis Law Firm, P.C., we understand that for our non-citizen clients, a criminal case is not just about avoiding jail—it is about fighting for your right to stay in this country with your family.

References: [1] Florida Enacts Immigration-Related Laws Expanding Law Enforcement, Ogletree Deakins (Feb 20, 2025).