Florida lawmakers push for death penalty for some convicted undocumented immigrants
TALLAHASSEE - Undocumented immigrants convicted of first-degree murder or raping children would face mandatory death sentences in Florida under bills advanced Wednesday by key House and Senate committees.
The bills are part of a suite of measures state lawmakers are slated to vote on Thursday during a special legislative session centered on boosting President Donald Trump's crackdown on illegal immigration.
The death-penalty provision is included in bills (HB 3C and SB 4-C) that also would make it a misdemeanor for undocumented immigrants over age 18 to "knowingly" enter Florida "after entering the U.S. by eluding or avoiding examination or inspection by immigration officers." The proposal would carry a nine-month jail sentence for first-time violators. Second-time offenders would face felony charges carrying a minimum sentence of a year and a day behind bars.
Party-line vote in a Florida House committee
The Republican-controlled House Budget Committee approved the House version of the bill in a 22-8, straight party-line vote.
House Democrats questioned the constitutionality of the proposed requirement for the death penalty. Minority Leader Fentrice Driskell, D-Tampa, pointed to a House staff analysis that said the U.S. Supreme Court has ruled that mandatory death sentences are unconstitutional.
Rep. Sam Garrison, a Fleming Island Republican and attorney who is helping sponsor the bill, acknowledged the issue would be litigated but said nothing in the bill "erodes the rights" of people in the criminal-justice system. He argued that the death penalty proposal targets people who commit the "worst of the worst crimes."
The death sentence in Florida
Under current law, juries make recommendations to judges about whether to sentence defendants to death.
The process includes looking at what are known as "aggravating" and "mitigating" factors in determining whether a defendant should be sentenced to death.
Debate in the a Florida Senate committee
During debate Wednesday in the Senate Appropriations Committee, Brevard County Republican Randy Fine defended the proposed death-penalty requirement, citing the murder of Augusta University student Laken Riley by an undocumented immigrant from Venezuela.
Sen. Barbara Sharief, a Broward County Democrat, argued that applying the death penalty based on immigration status violates constitutional guarantees of equal protection and fairness. She also pointed to Florida's history of wrongful convictions and racial disparities in capital sentencing.
Constitutionality questioned
Supporters of the death-penalty proposal have indicated that the U.S. Supreme Court could revisit previous decisions establishing that mandatory death sentences are unconstitutional. However, Maria DeLiberato, executive director of Floridians for Alternatives to the Death Penalty, said in a letter to House and Senate leaders that it is "extremely unlikely" the court would overturn 50 years of precedent.
The Senate committee approved its version of the bill in an 11-7 vote, with a single Republican, Ileana Garcia of Miami, joining Democrats in opposition. Garcia said that, "as a devout Christian," she could not support the mandatory death-penalty provision.
Immigration bills move forward
The House and Senate committees also approved a broad immigration-enforcement plan (HB 1C and SB 2-C) aimed at strengthening illegal immigration enforcement efforts.
Part of the legislation would create a State Board of Immigration Enforcement, composed of the governor, agriculture commissioner, attorney general, and state chief financial officer. The board would coordinate immigration enforcement activities with federal officials and distribute $250 million in grants to law enforcement agencies assisting federal efforts. Decisions by the board would require unanimous approval.
Thursday's expected votes on the bills will cap a series of events that included a heated dispute between Republican legislative leaders and Gov. Ron DeSantis over immigration policies.
