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Fort Myers Criminal Defense Lawyer / Blog / Criminal Defense / Florida Passes Tough Laws Against Undocumented Migrants in Lee County

Florida Passes Tough Laws Against Undocumented Migrants in Lee County

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After the new administration took office, the United States shifted toward a very different immigration policy. Florida is echoing many of the moves taken by the federal government, and the state government is trying to pass new laws in order to facilitate these changes. Some of these new laws would enforce stricter penalties for undocumented migrants who commit crimes in Lee County. How exactly is this going to work? What can you do if you are facing criminal charges in Lee County?

Florida Increases Penalties for Crimes Committed by Undocumented Migrants 

Florida lawmakers have quickly passed laws that increase penalties for undocumented individuals who commit crimes while in the United States. This includes a mandatory death penalty for any undocumented migrant who is convicted of a capital offense.

One of the most common examples of a capital offense in Florida is murder in the first degree. However, some argue that a mandatory death penalty such as this violates a precedent set in the US Supreme Court. It is controversial because it would mean that a jury would essentially play no role in determining whether a convict should receive the death penalty.

This is similar to a federal executive order that also allows the death penalty for migrants convicted of capital offenses. However, this order allows juries to consider mitigating factors – while the new Florida law would not.

Florida Creates Its Own Illegal Crossing Law

Florida has also created a new crime that applies to anyone who enters the country without permission. This is an interesting move, as illegally crossing is already a federal offense in Lee County. Some say that students studying in Florida could be affected by this new law, as it would bar them from in-state tuition.

If convicted of this offense, defendants would face a mandatory minimum sentence of nine months. Again, this move is controversial – mostly because it targets individuals who are not actively committing crimes.

Enforcing many of these laws could be difficult, however. The Florida government has already allocated hundreds of millions of dollars for this project, and some are worried about so much money being spent on an unproven new policy.

Many of These Changes Will Be Challenged 

While Florida has enacted these laws, many will undoubtedly face legal challenges. Perhaps most notably, the Supreme Court ruled that mandatory death sentences were unconstitutional because it robs juries of their role in the criminal justice process. It remains to be seen whether these laws will stand up to legal challenges.

Can a Lee County Defense Attorney Help? 

Crimes committed as an undocumented migrant can lead to numerous consequences, including deportation and even the death penalty. However, prosecutors must convict you before you can face these penalties. If you work with an experienced Lee County defense attorney, you may be able to remain in the United States and avoid unnecessary consequences. Learn more by contacting The Foley & Wilson Law Firm today.

Sources: 

stalbertgazette.com/politics/florida-is-rushing-to-enforce-new-immigration-laws-heres-what-to-know-10251972

police1.com/border-patrol/fla-law-enhances-penalties-for-undocumented-immigrants-convicted-of-crimes-expands-ice-cooperation

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