Illegal immigration grand jury urges felony charges for not reporting unaccompanied children

TALLAHASSEE, Fla. (FLV) – A grand jury impaneled by Gov. Ron DeSantis in 2022 to recommend changes and improvements to Florida law to better handle illegal immigration released a set of findings that ultimately recommended clamping down on unaccompanied children.

The jury in great length detailed their findings, which included reports that tens of thousands unaccompanied alien children, or UAC, being brought into Florida.

They said that “in too many cases,” these children are “left to an uncertain fate.”

“For FY 2015, a total of 27,340 UAC were released into the custody of sponsors in this country. In FY 2022, that number was 127,447, nearly a five-fold increase—and 13,195 of them were released in Florida,” they said.

The panel said that the federal government “is facilitating the forced migration, sale, and abuse of foreign children,” and that some Floridians are “funding and incentivizing it.”

“These entities encourage UAC to undertake and/or be subjected to a harrowing trek to our border, ultimately abandoning significant numbers of those who survive the journey to an uncertain fate with persons who are largely unvetted. This process exposes children to horrifying health conditions, constant criminal threat, labor and sex trafficking, robbery, rape, and other experiences not done justice by mere words,” they said.

The panel went on to detail how so-called “Coyotes” are working to transport children to the U.S., whereby the children can be “robbed, attacked by gang members, decapitated, and raped.”

“The child [that the Florida Department of Children Families spoke to] disclosed that she was one of the victims of rape.”

Ultimately, the panel recommended that Florida law be changed to mandate that anyone residing in Florida who obtains “continuing physical custody of a minor child of whom the individual is not the biological parent or court-appointed legal guardian” must report that custody to the Department of Children and Families within 30 days.

They would also be required to initiate proceedings under Florida Statutes to determine legal custody of the child.

“Failure to do so should be a felony, at least of the third degree,” the jury said.

“DCF should be required to notify the Department of Law Enforcement upon becoming aware of such a situation. Repeat offenses on multiple occasions or involving multiple children should result in increased penalties,” they said.

The panel secondly urged that any organization or individual that is licensed as a Child Placement Agency, or is facilitating the reunification of the child with their original parent, must document the relationship with “original documentation of live birth naming the individual as a parent” or via paternity or maternity testing.

“We consider this [change] a worthwhile use of resources, as it is everyone’s duty to protect children, regardless of where they might be from,” the jury concluded.

The Florida Supreme Court granted DeSantis’ petition for the grand jury in June 2022.

The grand jury was tasked with investigating networks bringing people illegally from the southern border to Florida. The jury will examine these networks’ impact on Florida and how they violated state law. It will also investigate local governments that aid in the smuggling scheme. 

In January, the jury released findings recommending “immediate action” on illegal immigration.

The jury made the following conclusions in January:

• 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.