Governor DeSantis Signs New Bills into Law Targeting Illegal Immigrants

On March 15, 2024, Governor Ron DeSantis signed SB 1036, HB 1589, and HB 1451. The bills addressed criminal penalty enhancements, driving without a valid license, and local governments’ acceptance of certain identification documents. SB 1036 took effect on October 1, 2024; HB 1589 and HB 1451 took effect on July 1, 2024. Florida later broadened the immigration-related penalty enhancement in 2025, as explained below.

If you are undocumented or otherwise don’t have legal status, it’s crucial that you understand how these laws may affect you or your loved ones if you’re facing charges. Here’s what you need to know:

SB 1036: Criminal Penalties and the Later 2025 Change

As enacted in 2024, SB 1036 increased the felony degree for a new felony committed after a federal conviction for illegal reentry under 8 U.S.C. § 1326. That version required a prior illegal-reentry conviction; a removal order alone did not meet that requirement.

Florida broadened the law in 2025. Under the current text of Florida Statutes § 775.0848, misdemeanor and felony penalties are reclassified when the person who committed the offense meets the statutory definition of an “unauthorized alien.” A prior illegal-reentry conviction is no longer required. For example, a first-degree misdemeanor becomes a third-degree felony, and a third-degree felony becomes a second-degree felony. The offense date matters when deciding which version applies.

A separate federal charge for illegal reentry raises different issues. Our page on federal immigration crimes explains those charges and their potential penalties.

SB 1036 also allowed higher penalties for a misdemeanor or felony committed to benefit, promote, or further the interests of a transnational crime organization. The definition covers organizations that routinely facilitate international trafficking in drugs, humans, or weapons, or international human smuggling. This provision can apply regardless of the defendant’s immigration status.

HB 1589: Driving Without a Valid License

HB 1589 increased the penalties for driving without a valid license, regardless of immigration status. Under Florida Statutes § 322.03(1), a first conviction is a second-degree misdemeanor. A second conviction is a first-degree misdemeanor. A third or subsequent conviction is also a first-degree misdemeanor and carries a mandatory minimum of 10 days in jail. These are the offense’s base penalties; a separate reclassification statute may increase the offense level.

If immigration authorities become involved after an arrest, families should also understand what an ICE hold can mean for release from jail.

HB 1451: Restrictions on Identification Documents

HB 1451 bars Florida counties and municipalities from accepting identification cards or documents from an issuer that knowingly issues those documents to people unlawfully present in the United States. Documents issued by or on behalf of the federal government are exempt. The restriction concerns what local governments may accept as identification; it does not itself make possessing such a document a crime.

Protecting Your Rights and Your Future

These laws are part of an ongoing effort by Florida lawmakers to penalize illegal immigration. However, everyone in the US has constitutional rights, regardless of immigration status. If you’re an undocumented immigrant facing criminal charges, it’s essential to have an experienced attorney on your side who understands these complex laws and can vigorously defend your rights.

At The Edelstein Firm, we have a proven track record of successfully representing clients in a wide range of criminal cases, including those with immigration considerations. We’re here to listen to your story, explain your options, and fight for the best possible outcome in your case.

Call us for a confidential initial consultation at (305) 538-4545, or complete our confidential and secure intake form below.* Please include details about your case so we can respond to your inquiry.

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