Eagle targets immigration violators with stepped-up penalties
If you are in the county without proper immigration paperwork and you commit a violent crime in the state of Florida, you could to be prosecuted to the fullest extent of the law – and then some – if a local legislator has his way.
State Rep. Dane Eagle, R-Cape Coral, and state Sen. Travis Hutson (R-St. Augustine) on Tuesday filed legislation for the 2017 session to enhance penalties for violent crimes committed by immigrants in Florida illegally.
But whether the bill passes muster due to concerns on due process remains to be seen.
Eagle said illegal immigration is a problem and the federal government hasn’t been doing enough to curtail the problem. His idea is to enhance the sanctions against those who do commit violent crimes, since they don’t have the resources to deport them.
“We’re looking at our tool box of options and prosecute them under our existing laws,” Eagle said. “The problem is the federal government doesn’t take it upon themselves to deport these individuals; they go back onto the street.”
The legislation, referred to as Reclassification of Crimes, would give prosecutors the ability to increase penalties for violent crimes committed by anyone in the country illegally by one degree.
A third-degree misdemeanor, for example, could be increased to a second-degree misdemeanor; and a second- degree felony could increase to a first-degree felony.
Eagle said similar penalty increases currently exist in Florida’s hate crimes statutes. He said he hopes those who have committed these crimes in the past will realize the laws will be as tough as possible.
Eagle also gave a statistic that of all crimes committed by individuals here illegally, 70 percent are violent crimes, although many studies have found lower crime rates among immigrants than among non-immigrants, and that higher concentrations of immigrants are associated with lower crime rates.
“If the sanctions are increased, there will be tougher sentencing. Instead of being back on the streets, they may be incarcerated longer,” Eagle said.
When asked if there are constitutional concerns in giving these individuals tougher charges and sentences, Eagle referred again to hate crime legislation and the fact that those here illegally don’t enjoy the same rights as citizens.
“The constitution does not apply to them. This has been upheld constitutionally in other areas, for hate crimes the same principle applies,” Eagle said.
Immigration attorney Carl Rothrack, who has an office in Cape Coral, said the legislation is sound.
“It’s constitutional for states to enact different punishment. They don’t have the same guarantee of due process. They are stepchildren in regard to their rights,” Rothrack said. “There’s not much the government can do.”
Not everyone agrees. Kirk Baily Political Director of the ACLU of Florida, has not seen the bill and has not taken a position.
However, he said all people in the United States are entitled to due process, and that the law is targeting one specific group of people, unlike hate crime statutes.
“Bills like this raise due process concerns. When you classify penalties for one class of people, you create those concerns,” Bailey said. “It chips away at our constitutional protections.”
As far as due process for those here illegally, Bailey said the courts have not made distinctions between due process rights for citizens, or immigrants based on legal status.
“I understand the impetus to do something on immigration issues, but I’m skeptical this approach will be successful. This can undercut law enforcement and might pick up more people than it’s intended to do,” Bailey said.
Eagle said he is in favor of legal immigration, as most of our ancestors did. Those who don’t, Eagle said, are slapping those who did come legally in the face.
The 2017 regular legislative session begins Tuesday, March 7, and interim committee weeks begin this week in Tallahassee.