Florida Gov. Ron DeSantis’ border security plan is extensive, with some proposals that are similar to those of other states and others that appear to surpass them.
DeSantis called a special legislative session to position Florida to quickly carry out President-Elect Donald Trump’s mass deportation efforts. His call has been met with opposition by members of his own party.
The special session would address proposed legislation he recommends, including mandating maximum participation by local law enforcement authorities in the federal in the 287(g) program, including imposing penalties and suspending officers in jurisdictions that don’t comply.
The program gained publicity under the Trump administration but was created by Congress in 1996 through the Illegal Immigration Reform and Immigrant Responsibility Act. The law added Section 287(g) to the Immigration and Nationality Act (INA) to authorize U.S. Immigration and Customs Enforcement (ICE) to delegate limited authority to state and local law enforcement officers to perform specific immigration functions under ICE oversight.
The program allows ICE Enforcement and Removal Operations (ERO) officers to partner with state and local law enforcement agencies to identify and remove incarcerated criminal noncitizens as an alternative to them being released into the community while they await criminal trial or immigration removal proceedings.
Multiple so-called sanctuary jurisdictions have refused to comply with ICE ERO detainer requests, creating national security and local security risks, ICE Deputy Director Patrick Lechleitner argues. Some local jurisdictions “have reduced their cooperation with ICE, to include refusal to honor ICE detainer requests, even for noncitizens who have been convicted of serious felonies and pose an ongoing threat to public safety,” he told Congress. “However, ‘sanctuary’ policies can end up shielding dangerous criminals, who often victimize those same communities.”
Multiple examples exist of jurisdictions refusing to cooperate with ICE, releasing illegal border crossers with criminal histories into local communities, resulting in increased crime, The Center Square has reported.
ICE operates two 287(g) programs to improve public safety, it argues. Its Jail Enforcement Model enables some law enforcement personnel in county jails to “identify and process removable noncitizens – with criminal or pending criminal charges – who are arrested by state or local law enforcement agencies.” Its Warrant Service Officer program “allows ICE to train, certify and authorize state and local law enforcement officers to serve and execute administrative warrants on noncitizens in their agency’s jail.”
As of May 2024, ICE has 287(g) JEM agreements with 60 law enforcement agencies in 16 states and 287(g) WSO agreements with 75 law enforcement agencies in 11 states.
Florida appears to have the most sheriff’s offices participating in 287(g), roughly 50, more than double the number in Texas.
DeSantis also proposed expanding Florida’s Unauthorized Alien Transport Program (UATP), which the state legislature has allocated millions of dollars to fund. He is also proposing that a dedicated officer UATP officer be appointed to oversee coordination with federal authorities to assist with deportation efforts.
He also proposes broadening the legal definition of gang-related activities to include more groups of dangerous illegal border crossers, which would likely include the violent Venezuelan prison gang, Tren de Aragua. TdA is operating in Florida and at least 22 states, The Center Square first reported.
DeSantis also proposes repealing in-state college tuition for students who are in the country illegally, a proposal that has yet to pass in Texas.
He also proposed requiring voter registration affirmation of U.S. citizenship and Florida residency, and increasing penalties for illegal foreign nationals who commit voter fraud or provide false voter registration information.
Similar to a bill filed in Texas, which is currently in litigation, DeSantis supports Florida making it a state crime to enter the U.S. illegally and creating a process for self-deportation.
Over the past four years, Florida stood against Biden administration border policies, suing the administration multiple times and winning many of its cases.
DeSantis was the only governor to request a state supreme court to empanel a grand jury to investigate abuse of unaccompanied alien children (UACs). The grand jury released multiple reports uncovering extensive abuses; Florida receives the third greatest number of UACs in the U.S., The Center Square reported.
Two years ago, as the Texas legislature struggled to pass border security bills, DeSantis signed into law bills “to combat the dangerous effects of illegal immigration,” related to employment, healthcare and human trafficking, The Center Square reported. Last year, he signed additional bills into law to increase penalties for previously deported illegal border crossers who commit crimes and prohibitions related to ID cards and driver’s licenses.
