As Trump supporters in state capitols across the country race to deliver on the president's signature issue — despite concerns from immigrant advocates — lawmakers in Florida are teeing up a potential fight with the courts as they advance a provision that critics argue is unconstitutional.
Florida's new legislation mandates the death penalty for immigrants in the U.S. without legal authorization who commit capital offenses such as first degree murder or child rape. It's a provision that goes above and beyond Trump's executive orders.
A rift between lawmakers and DeSantis
DeSantis approved the bills after legislative leaders brokered a compromise that settled a weekslong standoff among the state's top Republicans over how best to support Trump's sweeping crackdown on illegal immigration.
“Today, the Florida Legislature has passed the strongest legislation to combat illegal immigration of any state in the entire country,” DeSantis said before signing the bills and handing a sharpie to each of the legislative leaders standing behind him. "We are ahead of the curve on ending the illegal immigration crisis.”
But the tensions pitting allies of the president against DeSantis — who dared to challenge Trump for the nomination — may not evaporate, as the term-limited governor is widely expected to have presidential aspirations in 2028.
“Ultimately this is a win for Donald Trump. Because that’s what this is all about,” said Republican Sen. Joe Gruters, a sponsor of the bills and a key Trump ally.
But the process was bruising, with DeSantis blasting lawmakers' previous proposals as "weak" and a "betrayal" of conservative voters.
“There’s still hurt feelings,” Gruters said, “on all sides.”
Florida bills set aside nearly $300 million for immigration enforcement
The $298 million would be allocated to hire more than 50 new law enforcement officers focused on immigration, plus grants to equip and train local agencies, bonuses for officers who assist in federal operations, and reimbursement for leasing detention facilities.
The proposal also mandates the death penalty for immigrants who commit capital offenses while in the country illegally. Democrats and civil rights advocates say that provision is unconstitutional, citing previous Supreme Court precedent.
The laws would increase penalties for all crimes committed by immigrants in the country without authorization, and would create a new crime of entering the state after coming to the U.S. illegally.
As part of the compromise, lawmakers did away with a previous proposal to strip the governor of much of his emergency powers on immigration.
A provision that drew bipartisan criticism repeals a law that allows Florida students who are in the country without legal authorization to qualify for in-state tuition at public colleges and universities.
Georgia and Alabama advance restrictions
Lawmakers in other southern states are passing their own bills aimed at furthering Trump’s immigration crackdown.
The Alabama Senate on Thursday swiftly advanced their own slate of proposals, which would allow jails to hold people to verify immigration status; require jails to collect DNA from unauthorized immigrants in their custody; end the state’s recognition of driver licenses from other states that are issued without proof of citizenship; and make it a felony to bring an undocumented immigrant into the state.
“If you come to the country legally, if you come into Alabama legally, then these bills don’t affect you,” said Republican Sen. Wes Kitchens, a sponsor of one of the bills.
The bills now move to the Alabama House over the opposition of Democrats, who accused Republicans of “grandstanding.”
Jasmin Hernadez-Alamillo, the daughter of Mexican immigrants and a recent graduate of the University of Alabama at Birmingham, said she’s concerned the proposals will lead to racial profiling in traffic stops — and said the measures make her rethink living in the state.
“I don’t necessarily want to be part of a state that is going to continually perpetuate this negative sentiment around marginalized communities,” Hernadez-Alamillo said.
Also on Thursday, the Georgia Senate passed a bill allowing local governments to be sued if they don’t cooperate with federal immigration enforcement.
The bill would strengthen a Georgia law passed last year after Venezuelan immigrant Jose Ibarra, who authorities say entered the U.S. illegally, murdered 22-year-old University of Georgia nursing student Laken Riley. That law mandates law enforcement agencies cooperate with federal officials in identifying and detaining undocumented immigrants — and punishes them if they don't.
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Matat reported from West Palm Beach, Florida, Chandler from Birmingham, Alabama, and Kramon from Atlanta, Georgia.
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Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.