Florida makes illegal entry a crime under new DeSantis law

Key Takeaways

• Florida’s new law makes illegal state entry a crime, punishable by up to nine months in jail for first offenders.
• Federal judge Kathleen Williams blocked enforcement, citing the Supremacy Clause and pending higher court decisions.
• Over $298 million allocated for enforcement; law remains paused until appeals resolve legal conflicts with federal authority.

Florida’s Attempt to Criminalize Illegal Entry: What It Means and Where Things Stand

Florida 🇺🇸 has tried to make entering the state illegally a crime, raising important questions for immigrants, law enforcement, and the whole country. The new law, signed by Governor Ron DeSantis in February 2025, takes a firm stance against people living in the United States 🇺🇸 without legal papers who travel into Florida. But this law’s journey has already faced strong legal challenges, and its future remains uncertain.

Let’s look at what Florida 🇺🇸’s law says, why it matters, and what could happen next.

First, here’s what the Florida 🇺🇸 law is about:

Florida’s New Law: Main Points

• Florida 🇺🇸 made it a state crime for adults who are in the United States 🇺🇸 illegally to “knowingly” enter or try to enter Florida 🇺🇸 after avoiding checks by federal immigration officers.
• If caught and convicted for the first time, someone can face up to nine months in jail.
• Repeat offenders can get even longer jail time.
• Undocumented immigrants who are caught voting would face a serious charge called a third-degree felony.
• The law also says that if an undocumented immigrant is found guilty of a very serious crime, known as a capital felony, the person could face the death penalty under certain parts of the law. Many believe this part will face more legal fights.

The law is not just strict about crimes. It also sets up groups and offices to help enforce the law in every part of Florida 🇺🇸 and tries to make local and federal law enforcement work together more closely.

How Is Florida 🇺🇸 Trying to Enforce This Law?

• Florida 🇺🇸 created a new State Board or Council of Immigration Enforcement to guide enforcement efforts.
• There is also a new Office of State Immigration Enforcement inside Florida’s Department of Agriculture and Consumer Services.
• These groups are supposed to link up with federal immigration agencies like ICE (U.S. Immigration and Customs Enforcement) to make sure the law’s rules are followed locally.
• The state set aside more than $298 million. This money goes toward hiring new officers, giving bonuses, funding training, and paying for other things needed to run these new programs.

Right here, it’s clear Florida 🇺🇸 wants to show it’s serious about stopping what it calls illegal entry and sending a message about its own approach to immigration enforcement, sometimes echoing ideas supported by President Trump during his presidency.

How Did the Law Get Blocked So Quickly?

Although the rules look strict on paper, they have not gone into action as planned.

After the law was signed, several civil rights groups immediately took Florida 🇺🇸 to court. Their main point was simple: the Constitution says that only the federal government, and not states, can make and enforce laws about who gets to enter or stay in the country. This idea is called the “Supremacy Clause.” It basically means federal laws are the highest laws in the land when it comes to immigration.

On April 5, 2025, U.S. District Judge Kathleen Williams temporarily stopped Florida 🇺🇸’s new law from being enforced, at least for now. She explained that:

“SB 4-C unlawfully encroaches on federal power… giving state officials authority to prosecute illegal entry or reentry where federal actors may choose not to.”

Her decision also said parts of Florida 🇺🇸’s law about locking people up could get in the way of choices that federal immigration officers are supposed to make. The law is on hold everywhere in Florida 🇺🇸 until a higher court decides what should happen next.

Some local police departments were confused at first. They weren’t sure if the judge’s order covered them, but Judge Williams made it clear her decision blocks everyone in Florida 🇺🇸 from enforcing the law for now.

As things stand, even though the law was passed and signed, it’s fully blocked and no one in Florida 🇺🇸 can arrest or punish people under this law until the courts finish their review.

Why Did Florida 🇺🇸 Pass This Law?

The fight over who gets to police immigration is not new. Florida 🇺🇸’s law makes the state part of a bigger national debate. Many people who support stricter immigration rules say the federal government is not doing enough, so states like Florida 🇺🇸 should be able to take tougher steps.

Supporters of the law, including Governor Ron DeSantis, say it lines up with federal goals by discouraging people from entering the United States 🇺🇸 illegally. They also say states have a duty to protect their residents from crimes they believe are tied to illegal entry.

Many people believe the law helps support the types of policies that President Trump talked about during his time in office. There’s a clear effort to show Florida 🇺🇸 as a state that tries to match or even go further than federal law when it comes to cracking down on illegal entry.

But this also creates a clash. For more than a century, the supreme courts in the United States 🇺🇸 have made it clear: the federal government, not states, must decide who can come into, stay in, or be removed from the country. Congress writes these rules, and federal officers carry them out.

Legal Arguments

The main legal question is about “preemption.” That means if a state law tries to do something that federal law already covers, or goes against federal policy, the state law cannot stand.

Lawyers working for civil rights groups and immigrants argue Florida 🇺🇸’s law steps right into territory that only the federal government controls. Judge Williams agreed, saying the law could get in the way of how federal laws work.

Florida 🇺🇸 doesn’t agree with that view. The state’s Attorney General quickly appealed, hoping a higher federal court will reverse the judge’s decision and let Florida 🇺🇸’s law move forward.

For now, the courts are in charge. Until a final ruling comes in, the law is frozen, and the situation could change again, depending on what happens next.

Who Will Feel the Effects?

If Florida 🇺🇸’s law ever goes into effect, it would have some big impacts:

1. Undocumented Immigrants
   • Anyone living in the United States 🇺🇸 without legal status and traveling into Florida 🇺🇸 could face arrest, jail, or even harsher penalties if caught more than once.
   • Those arrested could lose their freedom for months and face felony charges for trying to vote.
   • These rules would make everyday life much harder, increasing fear of even simple movements, like visiting family or looking for work.
2. Local and State Law Enforcement
   • Police would be required to check more people’s immigration status, arrest those they believe entered illegally, and spend more time on paperwork.
   • The extra responsibility could mean less time for them to focus on other crimes.
   • It could also harm relationships between immigrants and the police, because people might be too scared to call for help if they think it could lead to arrest or deportation.
3. Florida 🇺🇸 Residents and Communities
   • Any new law can create confusion—especially one that is being fought over in courts.
   • Businesses, schools, and health clinics could see changes in who is willing to seek services because of fear about being reported to authorities.
   • Families could be separated if parents or loved ones are arrested just for trying to enter the state.
4. Broader Legal and Political Effects
   • Other states might watch what happens with Florida 🇺🇸 closely and consider passing similar laws if Florida 🇺🇸’s law survives legal challenges.
   • If courts say Florida 🇺🇸 can make and enforce its own immigration crimes, it could change how every state across the country deals with people entering without papers.

A summary table from earlier shows the basics:

Why Is the Law So Controversial?

People who support the law say Florida 🇺🇸 needs more power to handle illegal entry because, in their eyes, the federal government is not doing enough. Supporters like Governor Ron DeSantis argue that Florida 🇺🇸 should be able to protect its residents by keeping out those who break federal immigration rules.

Those who oppose the law point out several concerns:

• They say only Congress—and not states—can make the rules for who can be inside the United States 🇺🇸.
• They argue the law may lead to unfair arrests and could tear families apart.
• Some are especially worried about how the law might force local police to act like federal immigration officers.

Another big fear is that the heavy penalties, including possible long prison terms or even the death penalty (for the most serious crimes), might go too far, risk mistakes, or end up hurting those who only want to visit family or find work.

Civil rights groups also worry that laws like this could spread, leading to a patchwork of different rules in every state and making life much more confusing and risky for immigrants.

The Path Ahead: Appeals and Uncertainty

Though the law is not being enforced at the moment, the fight is far from over. Florida 🇺🇸’s Attorney General and leaders like Governor Ron DeSantis have appealed to higher courts, asking judges to allow the law to go forward.

Depending on what the federal appeals court says, the outcome could change quickly:

• If higher courts agree with Judge Williams, the law likely will remain blocked. Other states would be less likely to try similar steps.
• If appeals courts say Florida 🇺🇸 has the right to enforce this law, not only could the rules go back into effect, but other states may write their own laws that copy Florida’s approach.

People across Florida 🇺🇸—from local leaders to business owners to immigrants themselves—are waiting to see what happens next.

What Should Immigrants and Their Families Know?

If you or someone you know is worried about the law, it’s important to stay updated and get information from trusted legal sources. The official Florida Senate immigration page has details about the law. You can also look for updates from national organizations that follow immigration law closely.

Remember, right now the law is not being enforced, and local police cannot arrest you based on this rule while the courts are still deciding.

As reported by VisaVerge.com, this case highlights the ongoing battle between state-level efforts to set tough immigration rules and the long-standing principle that Congress is the only body allowed to make major decisions about who can be in, or removed from, the United States 🇺🇸. It’s a clear example of how legal fights can slow or even stop state laws that don’t fit with federal rules.

Final Thoughts

Florida’s immigration law, pushed by Governor Ron DeSantis, is one of the strictest state-level laws in the country. It tries to make illegal entry into Florida 🇺🇸 a crime with jail time and tough penalties, even though it directly challenges federal law.

The law’s future remains unknown. For now, it stands frozen because of a court order, keeping things in limbo for immigrants, police, and communities. The final decision will not only affect Florida 🇺🇸 but may change how other states react to the question of illegal entry. No matter what happens, it shows just how heated and ongoing the debate over immigration has become, especially when it comes to balancing state action with federal authority.

For more updates and helpful resources, always check with trusted legal services and official state or federal websites for the latest information.

Learn Today

Supremacy Clause → A constitutional principle that makes federal law take precedence over conflicting state laws on immigration matters.
Preemption → A doctrine that prohibits states from enacting laws that interfere with or contradict federal law.
Undocumented Immigrants → Individuals in the U.S. without official legal permission or proper immigration status.
Capital Felony → A very serious criminal offense, such as murder, that can result in life imprisonment or the death penalty.
U.S. Immigration and Customs Enforcement (ICE) → Federal agency responsible for enforcing immigration laws and overseeing removal operations in the United States.

This Article in a Nutshell

Florida’s crackdown on illegal entry faces major legal hurdles. Signed by Governor DeSantis, the law criminalizes undocumented entry but is now blocked by a federal judge. Its controversial approach could reshape immigration enforcement if upheld, but for now, uncertainty reigns for immigrants, law enforcement, and Florida communities. Stay informed for updates.
— By VisaVerge.com

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