Florida Legislature approves mandatory death penalty for "unauthorized alien[s]"
The Senate approved the amended bill by a vote of 21-16, and the House voted in favor of the bill by a vote 82-30. The bill now goes to Gov. DeSantis to approve.
On Monday, at Gov. DeSantis’s request, the Florida Legislature convened a special session to address immigration. The House and the Senate proposed identical bills (SB 2-B and HB 1-B). More information on these bills can be found here.
On Tuesday, around noon, the House and Senate announced they were amending the bills heard in committee on Monday on the floor. Part of the amendment was to name the Act the “TRUMP Act”:
According to news articles, legislators were in direct contact with the White House during the legislative process. Another amendment added language providing for a mandatory death penalty for illegal immigrants who commit capital crimes. That provision is below:
After a recess, the Senate returned and debated the bill for several hours. Ultimately, the Senate approved the amended bill by a vote of 21-16. Around 9 p.m., the House adopted the amendment and voted in favor of the bill by a vote 82-30.
The bill now goes to Gov. DeSantis to approve. According to news reports, some speculate Gov. DeSantis will veto the bill because he sees the entire Act as “weak” on immigration.
As to the death penalty provision, long-standing U.S. Supreme Court precedent holds that the Eighth Amendment proscribes a mandatory death penalty. In other words, this new law, if passed, will contain glaring constitutional issues that could affect its enforceability.