DeSantis proposes mandatory death penalty for undocumented immigrants convicted of capital crimes

Donald Trump made it clear during his campaign that tackling illegal immigration would be a top priority — and he is following through on that promise. He is not alone in this effort, as he has the strong backing of his loyal supporters in Florida.

For nearly a month, undocumented immigrants in Florida have been living in fear — whether sending their children to school, visiting a doctor, or shopping for groceries. Now they have more reasons to be afraid: Republican Governor Ron DeSantis believes that undocumented immigrants convicted of certain crimes should face the most severe punishment — the death penalty.

Several legislators in the Sunshine State are now pushing for a law that would impose a “mandatory” or “automatic” death penalty for undocumented individuals convicted of capital crimes.

The proposal has sparked disagreement among Republicans, Democrats, and legal experts, who argue that it is unconstitutional. The bill mandates that courts “shall sentence to death a defendant who is an unauthorized alien” and convicted of a capital crime, effectively limiting judicial discretion. This ensures a uniform sentence for all offenders, without considering the individual circumstances of each case or taking into account any “aggravating” or “mitigating” factors.

The bills HB 3C and SB 4-C would allow courts to impose the death penalty on undocumented immigrants convicted of first-degree murder, statutory rape, and trafficking in controlled substances — capital crimes in Florida. The legislation also extends the death penalty to illegal immigrants who are members of criminal gangs.

In a memo to lawmakers, Senate President Ben Albritton, a Republican, and House Speaker Danny Perez said that the primary goal of passing these laws is to “combat illegal immigration.” “If an illegal immigrant is convicted of a capital offense, including murder or child rape, the death penalty is mandatory,” said the memo.

Maria DeLiberato, executive director of Floridians for Alternatives to the Death Penalty (FADP), an organization working to abolish the death penalty in the state, shared with EL PAÍS the letter sent to the Florida Senate Appropriations Committee. The letter argues that the bill directly attacks the 6th Amendment by eliminating “the right to a jury trial in a capital sentence” and demanding that courts impose a “mandatory death sentence immediately.” DeLiberato considers this “constitutionally impermissible,” as it would overturn 50 years of legal precedents set by the U.S. Supreme Court.

FADP members are convinced that lawmakers are using immigration as a pretext to impose harsher sentences. “Any expansion of the death penalty in Florida is alarming, but this expansion, snuck into legislation that purports to address immigration, is particularly dangerous,” they said in a statement. According to the organization, SB 4-C does not address visas, borders, or other aspects related to immigration policies. As a result, “it will not reduce the number of undocumented immigrants in Florida by addressing the root causes of migration, nor will it do so by increasing enforcement of existing policies.”

The news comes days after Trump signed an executive order from the White House titled “Restoring the Death Penalty and Protecting Public Safety.” It argues: “Capital punishment is an essential tool for deterring and punishing those who would commit the most heinous crimes and acts of lethal violence against American citizens.”

The order specifies that foreigners who remain illegally in the U.S. and commit these crimes will face punishment. However, unlike Florida’s proposed legislation, Trump’s decree allows judges some discretion when determining sentences.

This measure is part of the wave of decrees and decisions that Trump is implementing in his effort to expel more than 13 million immigrants from the country. His approach includes eliminating all measures that provide temporary protection or legal status to undocumented immigrants, closing shelters, conducting ICE raids in several cities, militarizing the border, and deportation flights.

With the proposed death penalty measure, Governor DeSantis and Trump’s supporters in Florida would be instilling fear and guaranteeing that the president’s anti-immigrant policies are enforced in a state with a population of more than six million Latinos. To support these efforts, they propose allocating $250 million in subsidies to local security forces and $48.2 million to the Department of Agriculture and Consumer Services, which is responsible for law enforcement.

The new bill also proposes making it a misdemeanor for undocumented immigrants over the age of 18 to remain in the state “after entering the United States by eluding or avoiding examination or inspection by immigration officers.” People convicted of this offense could face up to nine months in jail, and repeat offenders could be sentenced to one year and one day in prison. The bill also introduces mandatory minimum sentences of up to five years for individuals who return to the state after being ordered to leave.

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