The laws are “leading into a head-on collision with the constitutional guarantee of equal protection to everyone who is in the United States,” said César Cuauhtémoc García Hernández, a law professor at Ohio State University who specializes in immigration and criminal law.
To defend Florida's law, state attorneys would probably have to answer a similar question: “What is your compelling justification for treating individuals who are accused of a crime — the same crime — differently based solely on their citizenship status?” García Hernández said.
Legislation pending in several states — including Alabama, Idaho, Indiana, Minnesota, South Carolina and Texas — would allow enhanced penalties for some state crimes committed by immigrants illegally in the U.S., according to an Associated Press analysis using the bill-tracking software Plural.
The measure increased sentences by one classification, meaning someone convicted of a third-degree felony typically punishable by up to five years in prison and a $5,000 fine would instead be sentenced for a second-degree felony punishable by up to 15 years in prison and a $10,000 fine.
Last year, DeSantis signed a law enhancing penalties for people who commit state felonies after being previously deported and convicted of illegal reentry under federal law.
