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Florida Immigration Tug of War

Published in Blog on February 07, 2025 by Stanley E Gilewicz

House Bill 1-B/Senate Bill 2-B “Trump Act”

On January 28th the Florida legislature voted to pass the “Tackling and Reforming Unlawful Migration Policy (TRUMP) Act”. As the title of the legislation suggests, it primarily addresses state immigration reforms and refined enforcement mechanisms. Parts of the bill have opened arguments between the legislature and the governor.

Dueling Special Sessions

 

Governor DeSantis called the Florida legislature for a January 27th special session to begin coordination of immigration law with the newly elected Trump administration. The legislature quickly adjourned the governor’s special session in the morning and opened their own, crafting their own immigration reforms that same day. Disagreement with the governor’s immigration proposals was cited for the abrupt change.

 

 

Social Media Wars

 

Social media postings between the governor and legislative leaders became acrimonious. Both sides leveled accusations of deviation from Trump policies and unconstitutional proposals. Early on, the governor indicated that his veto awaited bill arrival.

 

Who Will Enforce Florida Immigration Law?

HB 1B/SB 2B language would establish a new immigration office within the Division of Law Enforcement and naming the Commissioner of Agriculture as the chief immigration officer. Article II Section 3: Branches of government from the Florida State Constitution precludes members from one branch of government dictating rules to a different branch. 

There is an argument to be made, however, that exceptions are possible. Article IV Section 6: Executive departments (subparagraph a) states:

"When provided by law, confirmation by the senate or the approval of three members of the cabinet shall be required for appointment to or removal from any designated statutory office."

The impasse begs the question: Who is in charge of enforcing Florida immigration law?

So Where Do We Stand?

Well, while we here at Convention of States Florida were ready to encourage you to contact your legislators and kindly tell them exactly where you stand, the tables turned drastically, today. Moments ago, Governor DeSantis took to and announced that, "Thanks to strong leadership from the Trump Administration, state law enforcement will now be able to execute ICE’s 287(g) program to deport illegal aliens without unnecessary delays." And so the tug-of-war ends. Or does it?

Be on the lookout and, when needed, make your voice heard!

 

Whatever your position; it is imperative that you let your local state representative and senator know where you stand on legislation and on how they work with or against our elected governor.

 


 

COS Embraces Local Grassroots Involvement

Participation in state and local issues such as this inter-branch argument is the life blood of a functioning constitutional republic. Supporting and joining the Article V Convention of States movement is another way to show your love for the “American Way”.

 

 

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Almost everyone knows that our federal government is on a dangerous course. The unsustainable debt combined with crushing regulations on states and businesses is a recipe for disaster.

What is less known is that the Founders gave state legislatures the power to act as a final check on abuses of power by Washington, DC. Article V of the U.S. Constitution authorizes the state legislatures to call a convention to proposing needed amendments to the Constitution. This process does not require the consent of the federal government in Washington DC.

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I want our state to be one of the necessary 34 states to pass a resolution calling for this kind of an Article V convention. You can find a copy of the model resolution and the Article V Pocket Guide (which explains the process and answers many questions) here: https://conventionofstates.com/handbook_pdf

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