Florida grand jury recommends ‘immediate action’ to protect public from illegal migration

TALLAHASSEE (FLV) – A statewide grand jury petitioned to be impaneled in 2022 on illegal immigration released its second presentment of findings, urging lawmakers to enact legal changes in the interest of protecting the public.

“People coming illegally, a lot of them are trying to get here in the state of Florida,” Gov. Ron DeSantis said when he announced the petition. “This is something that absolutely affects us. The drugs that are coming in affect us.”

“The purpose of the grand jury will be to investigate individuals and organizations that are actively working with foreign nationals, drug cartels, coyotes to illegally smuggle minors, some as young as two years old, across the border and into Florida,” he said. “This is just wrong what they’re doing and we are going to go after it.”

The jury looked into Florida Statutes 908.104, which requires local cooperation with federal immigration authorities – specifically in regards to how some inmates in county jails seek lifting of detainers from ICE.

They slammed the statute permitting inmates claiming they were a “victim” of certain qualifying offenses to lift the detainers with “unproven claims” that are “often not challenged by anyone.”

“Making matters worse, these unsworn exemption notices are being submitted for defendants who have not only failed to report being the victim of any alleged crime, but also these notices are being submitted for alleged crimes that occurred either decades ago or outside of the United States,” the report said.

The jury cited one instance in which an ICE detainer was lifted on an inmate who claimed to be the victim of a “battery” over thirty years ago.

They found that the Florida law has resulted in illegal aliens who were arrested for “serious felony offenses” being released from custody.

“In one instance, a county jail lifted the ICE hold for a defendant who claimed to be the victim of the very crime for which he had been arrested,” they said.

The jury made the following conclusions:

• Florida Statutes 908.104(8) must be deleted in its entirety.
• Florida Statutes 908.104(5) must be limited to crimes occurring in the United States and time barred to five years prior to an alien’s claim of relief under the statute.
• The Florida Legislature must bar an alien with pending criminal charges for any crime or attempt to commit any crime of violence, felony drug offense involving the sale, manufacturing, distribution, or trafficking in a controlled substance, or felony sexual offense from being eligible for relief under the statute.

“It is critical that this issue be remedied and that aliens seeking relief under any statutory exemption to Florida Statutes 908.104 do so in good-faith and provide credible sworn supporting evidence,” they said.

“The issues discussed with Florida Statutes 908.104 are urgent and in need of immediate action to ensure public safety.”