Criminal Defense Attorneys Warn of Due Process Violations and Unconstitutional Sentencing
Gov. Ron DeSantis has signed into law sweeping immigration policies that will enhance criminal penalties for undocumented individuals, including those accused of sex crimes. These new laws strip away judicial discretion, impose mandatory death sentences for certain offenses, and require expanded cooperation between local law enforcement and U.S. Immigration and Customs Enforcement (ICE).
As criminal defense attorneys, we are deeply concerned that these policies will lead to wrongful convictions, racial profiling, and constitutional violations, particularly in cases involving sexual offenses, where evidence is often circumstantial, and false allegations are common.
Mandatory Death Penalty for Undocumented Defendants Accused of Sex Crimes
One of the most extreme provisions in the new law requires the death penalty for any undocumented immigrant convicted of a capital felony, which includes child sexual battery under Florida Statutes § 794.011(2)(a). This provision directly conflicts with U.S. Supreme Court precedent, which has ruled that the death penalty cannot be imposed for crimes that do not result in death.
- In Kennedy v. Louisiana (2008), the Supreme Court ruled that imposing the death penalty for child rape is unconstitutional unless the victim dies as a result of the crime.
- Florida’s new mandatory sentencing law completely ignores this precedent, setting up a direct legal challengethat could overturn convictions and waste taxpayer dollars in costly appeals.
- The law removes jury discretion, violating long-standing legal principles that require juries to consider aggravating and mitigating factors before imposing the death penalty.
This one-size-fits-all approach to sentencing undermines the fundamental principles of the U.S. justice system, where each case should be judged based on its unique circumstances.
Unfair Targeting of Undocumented Defendants in Sex Crime Cases
Sex crime allegations are some of the most serious and complex cases in criminal law. The evidence often relies heavily on witness testimony rather than physical proof, making false accusations more common than in other types of criminal cases. With Florida’s new immigration laws, undocumented individuals accused of sex crimes may face:
- Harsher penalties than U.S. citizens for the same offense
- A presumption of guilt rather than a fair and impartial investigation
- Extended detention without probable cause, making it harder to build a defense
By enhancing penalties solely based on immigration status, Florida risks wrongful convictions and violates the constitutional rights of defendants who have not been proven guilty.
Expansion of ICE Involvement in Sex Crime Arrests
Florida’s new immigration laws force local law enforcement to cooperate with ICE, even in cases where federal immigration violations have nothing to do with the criminal offense. Under these laws:
- Local jails must notify ICE when an undocumented person is arrested, even if they have not been convicted.
- Sheriffs and corrections officers must enroll in ICE’s 287(g) program, allowing them to interrogate and investigate detainees on immigration status.
- Law enforcement must hold individuals for ICE detainers beyond the standard 48-hour period, even if charges are dropped.
This means that an undocumented person falsely accused of a sex crime could be held indefinitely, even after proving their innocence. The risk of wrongful incarceration skyrockets under this system, and ICE’s involvement increases the likelihood of unfair prosecutions.
Racial Profiling and Wrongful Arrests in Sex Crime Cases
One of the most dangerous consequences of Florida’s new immigration laws is the increased potential for racial profiling, particularly in cases involving sex crime accusations.
- Law enforcement agencies do not have access to federal immigration databases, meaning officers must rely on appearance or accents to determine whether someone might be undocumented.
- This can lead to wrongful arrests of legal residents and U.S. citizens who are unfairly targeted based on their ethnicity.
- In highly emotional sex crime cases, where public outrage is strong, undocumented individuals may be disproportionately charged and prosecuted, regardless of the strength of the evidence.
Florida’s criminal justice system should be focused on ensuring fair trials and just outcomes—not unfairly targeting individuals based on their immigration status.
Sex Offender Registration and Deportation Risks
Under Florida Statutes § 943.0435, individuals convicted of certain sex crimes are required to register as sex offenders for life. The new immigration laws increase the penalties for undocumented individuals on the registry, making them subject to:
- Automatic deportation even if they have completed their sentence
- Permanent detention in ICE facilities without the ability to appeal
- Tracking and monitoring requirements that go beyond standard sex offender registration laws
These harsh penalties ignore due process rights and create a two-tiered justice system where immigrants face more severe consequences than U.S. citizens convicted of the same crime.
Repealing In-State Tuition for Undocumented Students Convicted of Sex Offenses
Florida’s new immigration laws also repeal in-state tuition benefits for undocumented students, including those convicted of sex crimes or related offenses.
- Previously, undocumented students who met Florida residency requirements were eligible for lower tuition rates at public colleges.
- As of July 1, any student with a sex crime conviction will lose these benefits, even if they have lived in Florida for years.
- The law does not allow for exceptions based on the severity of the offense or the age of the defendant, meaning even individuals convicted of minor offenses will be affected.
This measure harms young individuals who may have been convicted due to false allegations or prosecutorial overreach, limiting their ability to rehabilitate and reintegrate into society.
How Criminal Defense Attorneys Are Fighting Back
Criminal defense attorneys across Florida are preparing legal challenges against these unconstitutional laws. Potential legal arguments include:
- Violation of the Eighth Amendment: The mandatory death penalty provision violates Supreme Court precedent prohibiting execution for non-homicide crimes.
- Federal Preemption: Immigration enforcement is a federal matter—Florida cannot impose its own state-level immigration crimes.
- Fourth Amendment Challenges: Indefinite detention without probable cause violates protections against unreasonable searches and seizures.
- Equal Protection Clause Violations: Enhancing penalties solely based on immigration status creates an unequal system of justice.
The criminal defense community is committed to protecting the rights of individuals targeted under these laws and ensuring that everyone receives a fair trial—regardless of immigration status.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.
