Florida bill enhances penalties for illegal aliens who commit crimes after having been deported

TALLAHASSEE, Fla. – A bill passed through its second committee stop Tuesday that would strengthen penalties for illegal immigrants who reenter the U.S. and commit crimes after being deported under federal immigration proceedings for committing a felony.

The bill, HB 1449, carried by Rep. Kiyan Michael, R-Jacksonville Beach, has one more committee stop before heading for a floor vote.

A similar bill, SB 1036, is being carried by Sen. Blaise Ingoglia, R-Spring Hill, which also has one more committee stop.

“We are a law and order state, country, and if the federal government fails to do their job, which they have, at this situation, we will do it for them,” Michael said during the Justice Appropriations Subcommittee.

Under the bill, offenses are reclassified as:  

• A misdemeanor of the second-degree to a misdemeanor of the first-degree
• A misdemeanor of the first-degree to a felony of the third-degree
• A felony of the third-degree to a felony of the second-degree  
• A felony of the second-degree to a felony of the first-degree  
• A felony of the first-degree to a life felony

If a person is committing a crime that benefits, promotes, or helps a transnational criminal organization, their charges would be upgraded to a higher degree.

“Transnational crime organization” is defined as an organization that “routinely facilitates the international trafficking of drugs, humans, or weapons or the international smuggling of humans.”

Rep. Susan Valdes, D-Tampa, brought up concerns relating to an increase in prison population.

“This is going to bring more strain into our system, We don’t know what the indeterminate amount of money it’s going to cost,” Valdes said.

According to the bill’s analysis, there would be a “positive insignificant impact on prison beds.”

In debate, Rep. Berny Jacques, R-Tampa, argued that the bill “may have the opposite impact, because we’re removing an incentive” for criminals to come back to Florida.

“You might want to look elsewhere, because you’re going to be dealt harshly here in the state of Florida and you’re going to commit crimes, other places not here in the Free State of Florida,” Jacque said.

Jacque said if criminals return to Florida, they will “be dealt with harshly.”

Rep. Daryl Campbell, D-Fort Lauderdale, who also voted against the bill, had concerns with lawmakers using the phrase “illegal alien.”

“I tend to disagree with this bill. One, we talk about rhetoric, and we talk about how we’re messaging about this, we’re calling people, ‘illegal aliens,’ so we’re not gonna classify them as people, we’re identifying them as some some other characteristic,” said Rep. Daryl Campbell, D-Fort Lauderdale.

Campbell said he believes the bill is “setting up to trip up individuals through through a system that’s already complicated as it is.”

In closing, Michael said the term “illegal alien” is a term that is used by the U.S. Supreme Court.

“They argue cases with that term. It’s not derogatory in any way, it is the appropriate term, that we just don’t hear it because we keep changing it from ‘illegal immigrant’ to ‘migrant’ to whatever we want to call it,” Michael said.

Michael said she spoke with state attorneys and heard an instance “where someone has been deported several times, came back into the U.S.”

Another case involved an illegal immigrant who “killed two people” and “overstayed his visa.”

Michael said the bill is about “people who are who have come here illegally and they have committed a felony.”

“We are a law and order state country and if the federal government fails to do their job, which they have at this situation, we will do it for them,” Michael said in closing.