DeSantis Wants More Power to Arrest Migrants in Florida Amid Haiti Crisis

BY ANA CEBALLOS HERALD/TIMES TALLAHASSEE BUREAU UPDATED MARCH 22, 2024 3:01 PM

Gov. Ron DeSantis says Florida may soon follow Texas and craft a state law that would make it a crime
for migrants to enter the state without authorization, a move that would create a process for state
courts to order local law enforcement to transport migrants back to the border for deportation if they
are convicted.


No legislation has been filed in Florida yet. But DeSantis said in an interview on The Sean Hannity Show
podcast on Thursday that his administration is working to see what can be done to have such a law in
place in the near future,


“I am working with folks to craft, if there is something we can do in a special legislative session, to give
our law enforcement more authority to arrest and detain,” DeSantis said. “I think that would be a huge
disincentive for people to come if we can do it.”


The push to do so now comes a week after DeSantis directed hundreds of law enforcement officers and
soldiers to patrol the southern coast of Florida to try and stop Haitians fleeing a country whose
government is under attack by gangs.


So far, a surge of migrants has not materialized in Florida, the governor said on Thursday. But he said
the state will continue to have a heavy law enforcement presence at sea to “protect” Florida from
arriving migrants. So far, the state has deployed more than 250 state officers and soldiers, as well as
helicopters, aircraft, drones and boats to patrol the coast.


Florida Republican leaders on Friday told the Herald/Times that they believe the governor has what he
needs to address the immigration issue in Florida, but stopped short of rejecting the idea of giving him
more if a need arises.


“We believe the Florida Legislature has given Governor DeSantis the tools he needs to keep Floridians
safe,” a spokesperson for Florida House Speaker Paul Renner said in a statement. “Along with the
Governor, we will continue to monitor what emerges through the courts and ensure he continues to
have the necessary resources to protect our citizens from the federal government’s total failure to
protect our border.


Senate President Kathleen Passidomo echoed Renner’s sentiment.


“The situation in Haiti is very serious, and from her perspective the Governor has always been very
vigilant and proactive in addressing security concerns that impact our state and our country,” said Katie
Betta, a spokeswoman for Passidomo. “Florida’s Constitution gives the Governor broad executive
authority in emergencies and the budget passed this session provides significant funding for the state
emergency fund, which could help address some of these issues.” Betta added, “the President has full
confidence in the Governor and his use of emergency executive authority to keep our state safe.”

Since DeSantis came into office, state lawmakers have approved a number of programs and state laws
that have given the governor broad authority over the issue of immigration. They created a program
that allows the DeSantis administration to transport migrants in Florida to other states in the country at
taxpayer expense, which DeSantis has said he might use if there is a surge in Haitian migration.
“We do have our transport program also that’s going to be operating in the Florida Keys, their next stop
very well may be Martha’s Vineyard,” DeSantis said in an interview Tuesday with podcast host Dan
Loesch.


Migrants would need to be released by the U.S. Department of Homeland Security in order to
participate in the state’s voluntary program.


Lawmakers have also enhanced penalties for individuals who transport undocumented migrants into the
state, and revived a World War II-era civilian military force under the governor’s control that has the
authority to respond to various emergencies, including immigration.


DeSantis has used his broad executive authority to respond to immigration issues, including sending
state law enforcement to the Florida Keys and the Texas border in an effort to stop migrants who are
entering the country illegally. His administration also has used emergency rules to indefinitely crack
down of Florida shelters that house migrant children on behalf of the federal government.


Even with these powers, DeSantis said in his interview with Hannity that he would like the state to have
more enforcement authority over migrants trying to land on Florida’s shores.


The Texas law — which authorizes police to arrest people who officers suspect of having illegally
entered Texas from Mexico — should be a model for other states, the Florida governor said. Iowa
lawmakers passed a bill that mirrors the Texas law last week. It now heads to Gov. Kim Reynolds, a
Republican ally of DeSantis, who has said she plans to sign it.


“This Texas law, I think, could be a model for other states if the courts end up upholding it,” DeSantis
said.


The Texas law has faced legal challenges, with the Biden administration arguing it is unconstitutional
because it interferes with federal immigration laws by granting Texas officers the authority to enforce
immigration law. The enforcement of the law remains uncertain amid pending lawsuits.


Earlier this week, the U.S. The Supreme Court allowed the law to temporarily go into effect. A day later,
another court, the Fifth Circuit Court of Appeals, blocked Texas officers from enforcing the law.


White House press secretary Karine Jean-Pierre said on Friday that governors should be contacting their
lawmakers in Congress to pass a bipartisan package that seeks to enact more restrictions at the border.
“I’m concerned about the politics that’s being played here instead of dealing with the issue,” Jean-Pierre
said.


Kansas City Star Washington correspondent Daniel Desrochers contributed to this report.

This article was originally published by The Miami Herald.

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