Skip to content
Search

Latest Stories

Top Stories

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

News

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).

Metin Ozer on Unsplash

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.


Read More

California’s New Law Aims To Close a Housing Gap for Domestic Violence Survivors
Emily Scherer for The 19th; Getty Images

California’s New Law Aims To Close a Housing Gap for Domestic Violence Survivors

Domestic violence survivors often struggle to find housing, and California’s “Unseen and Unheard Housing Act” will help make more housing available to meet their specific needs.

California Gov. Gavin Newsom signed the bill Sunday requiring cities and counties to factor in domestic violence survivors when planning for future housing.

Keep ReadingShow less
Classsroom
empty classroom with desks and chalkboard
Photo by Ivan Aleksic on Unsplash

Who Gets a Seat?: Florida’s New Bans on Undocumented Students in Public Higher Education

Each year, roughly 8,000 undocumented students graduate from Florida high schools. In 2026, Florida became the newest state to pass a regulation prohibiting this population from enrolling in state public colleges and selective universities. In June 2026, Florida State Board of Education passed Rule 6A-10.0240, which requires all 28 Florida College System institutions to certify admitted students as citizens of the United States or have lawful presence. In September 2026, a separate state board extended a similar ban to Florida’s most selective public universities.

Throughout the United States, there are three states that have historically upheld similar barring policies: Alabama and South Carolina ban undocumented students from all public colleges and universities, while Georgia bars them only from its most selective public universities. Florida’s restrictions are administrative rules and regulations, not state laws passed by the Legislature. Similar bills died in committee during Florida’s 2026 legislative session.

Keep ReadingShow less
White marble exterior of the United States Capitol, often called the Capitol Building, is the home of the United States Congress and the seat of the legislative branch of the U.S. federal government

The CLARITY Act crypto bill failed a procedural vote on Sept. 15, but it could return. Here's what it does, who would regulate crypto, and the Trump angle.

Richard Sharrocks / Getty Images

The CLARITY Act

The CLARITY Act

The CLARITY Act, which failed in a procedural vote on Sept. 15, and a new venture by the Trump family’s World Liberty Financial cryptocurrency company made us think it was time to write about the cryptocurrency legislation. Even though it’s not currently active, the bill could come back.

Keep ReadingShow less
Tattered American flag

Trump's "Restoring Truth and Sanity" order targets how museums and parks present slavery and racism. Why one writer says Americans should push back.

Nisian Hughes/Getty Images

Trump's Mendacious, Deceitful Rewriting of American History

History is made of two parts. One is indisputable facts and the other is the interpretation of those facts. The history of history is filled with varying interpretations of the basic facts, usually tinted by the perspective of the historian or commentator. That perspective can be the writer's political leanings, his philosophy, or any number of personal biases.

All historians, however, whether conservative or liberal, regardless of philosophy generally agree on the basic facts. For example, while there are fringe groups and individuals who deny that the Holocaust happened—that 6 millions Jews were killed by the Nazis—no reputable historian disputes that fact.

Keep ReadingShow less