Examining Florida’s Controversial New Immigration Bills: SB 2-C and SB 4-C

On February 13, 2025, Florida Governor Ron DeSantis signed into law two major immigration enforcement bills: Senate Bill 2-C (SB 2-C) and Senate Bill 4-C (SB 4-C). Introduced by Senator Joe Gruters and co-sponsored by Senator Randy Fine, these bills build upon Florida’s ongoing efforts to increase state involvement in immigration enforcement. Florida’s immigration laws come amid rising state-federal tension over immigration authority, particularly in states led by Republican governors.

SB 2-C includes initiatives relating to funding, cooperation with federal immigration agencies, and law enforcement infrastructure. SB 4-C introduces provisions that criminalize entry and reentry into Florida by undocumented immigrants and create new state-level immigration-related offenses. This brief explores the major provisions of Florida’s SB 2-C and SB 4-C, analyzing the legal, political, and humanitarian arguments for and against their enforcement.

SB 2-C and SB 4-C Provisions

Some of the major provisions within SB 2-C include:

• Establishing the State Board of Immigration Enforcement within the Florida Department of Law Enforcement (FDLE), composed of the Governor and Cabinet;
• Creating the Local Law Enforcement Immigration Grant Program to expand law enforcement funding;
• Allocating over 250 million dollars towards state law enforcement agencies to carry out immigration objectives;
• Ending eligibility for in-state tuition rates for undocumented students at Florida’s public colleges and universities; and
• Enhancing criminal penalties for offenses committed by undocumented immigrants.

While SB 2-C focuses on immigration enforcement infrastructure, SB 4-C focuses on criminal law. Some of the major provisions within SB 4-C include:

• Criminalizing unauthorized entry or reentry into the state;
• Imposing mandatory minimum prison sentences for repeat offenses; and
• Requiring a mandatory death sentence for undocumented individuals convicted of capital felonies.

Governor DeSantis views these bills as the strongest pieces of legislation aimed at combating illegal immigration yet, claiming Florida is the leading state on immigration enforcement. This legislation is expected to impact undocumented immigrants, from students and workers in critical industries to asylum seekers and immigrant families. Various activist groups led by the ACLU have filed a lawsuit against SB 4-C, raising questions of how the enforcement of this specific bill will be impacted. Debate continues over whether SB 2-C and SB 4-C are lawful and effective tools for state-level immigration enforcement—or whether they overstep constitutional boundaries and cause unjust harm to immigrant communities.

Support for SB 2-C and SB 4-C

Supporters of this legislation argue that the legislation prioritizes the interests of legal American citizens by reallocating state benefits and public resources to law-abiding individuals. According to state estimates, approximately 6,500 students benefit from in-state tuition waivers, especially undocumented immigrant students. The state estimates these in-state tuition waivers are costing Florida over 40 million dollars annually. Under SB 2-C, these waivers are no longer extended to undocumented immigrants within Florida.

Proponents of the bills believe removing benefits acts as a deterrent and upholds the rule of law. Senator Fine, a co-sponsor of the bills, states this change aims to discourage illegal immigration and ensure college admissions prioritize law-abiding students. Florida Attorney General James Uthmeier, a strong advocate of the legislation, has claimed that anti-immigration enforcement organizations like the ACLU are prioritizing the interests of undocumented individuals over those of American citizens.

Supporters also claim that the legislation increases public safety and security. DeSantis has argued that by empowering Florida Law Enforcement to work with federal agencies, the state can more efficiently detain and deport individuals who pose a threat to communities. Agreements between the Florida Highway Patrol and the U.S. The Department of Homeland Security (DHS) allows state troopers to help enforce immigration laws. Over 250 million dollars is set to be allocated for hiring and training officers, upgrading facilities, and providing local agencies with equipment and grants. However, some sheriffs have stated they would be uncomfortable taking an active role in immigration enforcement, citing issues of trust in the communities they protect.

Resistance to SB 2-C and SB 4-C

Opponents claim the legislation is unconstitutional and unlawful. Civil rights organizations—like the ACLU and Americans for Immigrant Justice—claim SB 4-C usurps federal authority over immigration by granting state officers the power to prosecute individuals for immigration-related offenses. These critics argue that the law violates the Supremacy Clause and the Commerce Clause of the U.S. Constitution. The Supremacy Clause establishes the Constitution as the “supreme law of the land” and states that federal law supersedes state law when a conflict exists. The Commerce Clause grants Congress the power to regulate activities that affect interstate and international trade; it has historically been interpreted to allow Congress to prohibit discriminatory practices that affect interstate commerce.

Another major point of contention is the SB 4-C provision mandating the death penalty for undocumented individuals convicted of capital felonies. Critics argue that this provision challenges U.S. Supreme Court precedent set in the 1970s, where mandatory death sentences were ruled unconstitutional. Regarding the ongoing lawsuit against SB 4-C, U.S. District Judge Kathleen Williams emphasized that immigration enforcement is a federal responsibility and overlap in federal and state law can create preemption. The preemption doctrine arises from the Supremacy Clause. Under the legal doctrine of federal preemption, when a state law and federal law conflict, federal law supersedes conflicting state law.

Opponents also claim the legislation raises serious humanitarian and moral concerns, particularly surrounding individuals seeking asylum, students, and families with mixed legal status. The ACLU argues that SB 4-C makes no exceptions for individuals pursuing humanitarian relief or those with pending applications for legal status. Critics assert that this law can result in the detention or punishment of people who are ultimately found to have a lawful right to remain in the United States. The removal of in-state tuition for undocumented students is also a concern. Groups of immigrant advocates, like the Florida Immigrant Coalition, state that the removal of in-state tuition compromises the future of over 6,000 students who will now face higher education costs compared to their peers.

In addition, opponents point to economic concerns. Activist organizations, such as the Farmworkers Association of Florida, worry that the U.S. will face negative economic outcomes as immigrants contribute billions of dollars of revenue in critical industries, including agriculture. Allowing over 250 million dollars to be allocated for immigration enforcement, the financial efficiency and practicality of the measures has also been questioned. State Senator Carlos Smith of Orange County believes that this large investment will worsen the labor shortage and increase prices.

SB 2-C and SB 4-C: Not Legal Outliers

Florida’s new immigration laws are a part of a broader trend among states seeking to take immigration enforcement into their own hands. Current litigation may slow down the implementation of SB 4-C. Other states besides Florida, including Texas, Iowa, and Oklahoma, have sought to enact laws that criminalize entering their states as an undocumented immigrant. These state laws are in ongoing legal battles and remain blocked. Most recently in the ACLU-led lawsuit, a temporary restraining order has been issued against SB 4-C by U.S. District Judge Kathleen Williams. The enforceability of SB 4-C remains uncertain.

Kallista Ramirez is a recent first-generation Hispanic graduate from the University of Miami, where she earned a B.A. in Political Science with a minor in Health Management and Policy.

Examining Florida’s Controversial New Immigration Bills: SB 2-C and SB 4-C was originally published by The Alliance for Citizen Engagement and is republished with permission.