Florida Legislature will tackle immigration bill in special session — but not the way DeSantis wanted

TALLAHASSEE, Fla. – A Florida special session on immigration has turned divisive among Republican leaders as Gov. Ron DeSantis and the heads of the Florida House and Senate traded criticism Monday.

Florida lawmakers started the day gaveling in the special session Gov. DeSantis asked for earlier this month, then quickly gaveled out of it and started their own.

Legislative leaders then announced plans to tackle immigration with a bill of their own creation. That bill puts immigration collaboration and enforcement in the hands of Florida Commissioner of Agriculture Wilton Simpson, taking much of the power from Gov. DeSantis.

DeSantis criticized the move Monday afternoon, calling the bill a “bait-and-switch” tactic that won’t lead to enforcement.

In a news release, Florida House Speaker Daniel Perez, R-Miami, and Florida Senate President Ben Albritton, R-Wauchula, said “Tackling and Reforming Unlawful Migration Policy Act” or TRUMP Act, would allow ICE to work seamlessly with local law enforcement while removing “unnecessary bureaucracy.”

“With the help and support of law enforcement and Commissioner Simpson serving as our liaison with President Trump, this legislation ensures we continue to lead the way, investing heavily in funding local law enforcement will need to further tackle this important challenge now that ICE is operating under President Trump,” Albritton said.

Among other things, the bill makes Simpson Florida’s Chief Immigration Officer and establishes the Office of State Immigration Enforcement. Simpson would be the central point of coordination for federal, state, and local agencies in enforcing federal immigration law.

The bill also:

• Creates a state immigration enforcement council led by the FDLE executive director, along with seven sheriffs and four police chiefs appointed by Simpson. A sheriff will chair the council.
• Gives judges information about a defendant’s immigration status so it can be used to deny bail for undocumented immigrants.
• Reclassifies misdemeanor offenses committed by undocumented immigrants to the next violation degree.
• Removes the out-of-state tuition waiver for students who are not lawfully present in the United States.
• Makes it a third-degree felony for a non-citizen to vote in an election.
• Invest over $500 million to help law enforcement agencies fight immigration.
• Allows for federal government partnership agreements to use Florida training facilities to train law enforcement.
• Provides money to local agencies to pay for apprenticeships to recruit more law enforcement officers.

The House bill, HB-1B and its companion bill in the Senate, will appear before committees on Monday. SB 2B will go before the Senate Appropriations Committee at 2 p.m., and HB 1B will go before the Select Committee on Illegal Immigration starting at 1 p.m.

You’ll be able to watch both hearings by going to the Florida House or Florida Senate websites.

In a statement, DeSantis said he was glad the legislature’s proposal included many of his ideas, but called it “substantially weaker.” He also called putting immigration in the hands of the Department of Agriculture putting “the fox in charge of the hen house.”

“It unconstitutionally removes authority to enforce the law from the governor to a lower-level cabinet agency, the department of agriculture, that does not oversee state law enforcement and whose stakeholders often oppose enforcement measures. By giving enforcement power to the agricultural arm of state government, it ensures that enforcement never actually occurs,” DeSantis said.

Later in the afternoon, Perez and Albritton doubled down with a responding statement, calling DeSantis' accusations a “blatant lie,” and accusing him of maligning farmers and not trusting law enforcement.

“The Legislature will not act in a disingenuous or dishonorable way by attacking anyone, especially our law enforcement. Unlike others, the Legislature is not interested in misleading or attacking Floridians, especially Florida law enforcement. Our number one goal is to work together with President Trump. Anyone that says anything otherwise is not reading the bill, not reading the executive orders, or just not telling the truth,” the statement read.

Earlier this month, DeSantis called a special session to “get ahead” of President Trump’s immigration executive orders so the state could work in tandem with the new plans.

While DeSantis’ plans included many of the provisions in the new legislation, DeSantis wanted state officials to take on things that were under the purview of ICE, which lawmakers said created “unnecessary bureaucratic burdens.”

DeSantis also wanted to expand the Unauthorized Alien Transport Program, which was set up to fly migrants to Democratically-held states. Lawmakers allowed DeSantis to set up that program while he was running for president.

DeSantis also said he wanted lawmakers to tackle condo fees, hurricane recovery, and putting new restrictions on the citizen ballot initiative during the special session.

While Albritton and Perez were cool to DeSantis' plans, they were obligated to call the special session.

“I believe Special Sessions should be used sparingly,” Perez said in remarks on the House floor Monday morning. “They should not be stunts designed to generate headlines. I dislike Special Sessions because they inhibit the very thing the legislative process should encourage: the push and pull of meaningful conversations that lead to the development of good and better ideas. Special Sessions should be reserved for those issues that truly cannot be addressed in the normal course of the legislative process.”

Perez also acknowledged that in the last week, lawmakers had been bullied through mass emails that contained personal cell phone numbers. Perez did not say who was doing the bullying or why.

“Attacks on this body – attacks on all of you – are not acceptable," Perez said. “This House will never be moved by threats. I will always have an open door and an open mind, but if someone tries to force me to choose sides – Members, please know that I will always choose yours.”

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