In 2024, Florida passed the TRUMP Act aimed at addressing unauthorized immigration by criminalizing the illegal reentry of certain non-citizens. This was codified in part as Florida Statute 811.103, which creates new criminal offenses for undocumented immigrants who reenter the state under specific circumstances. The law has stirred significant legal and political debate due to its mandatory sentencing provisions and its impact on pretrial rights.
Crimes Created by Florida Statute 811.103
The Statute criminalizes the reentry of undocumented persons who have been previously denied admission, excluded, deported, or removed from the United States, or who departed while an order of removal was in effect, and are later found within the state of Florida.
This offense is classified as a third-degree felony, punishable by up to five years in prison, unless certain aggravating factors are present. It also carries a significant mandatory minimum sentence (see below). The statute makes exceptions for individuals who received prior approval from the U.S. Attorney General to reapply for admission or who were otherwise not required to obtain such approval under federal law.
The law also provides for enhanced charges depending on the undocumented defendant’s prior criminal history:
- If the individual has three or more prior convictions for non-forcible felonies or misdemeanors, a third-degree felony still applies, but the mandatory minimum sentence is increased.
- If the individual has a prior conviction for a forcible felony (as defined in Florida Statute 776.08) or an aggravated felony (under 8 U.S.C. §1101), the offense is upgraded to a second-degree felony, punishable by up to fifteen years in prison.
Mandatory Minimum Sentences and Other Penalties
One of the most significant features of this statute is the imposition of mandatory minimum sentences:
- A basic violation carries a mandatory minimum of 1 year and 1 day in prison.
- For those with three or more prior offenses (non-violent), the mandatory minimum rises to 2 years.
- For those with a history of forcible or aggravated felonies, the statute mandates 5 years in prison.
Importantly, these mandatory minimums remove judicial discretion, meaning the judge must impose at least the specified prison term, even if mitigating circumstances exist, if convicted.
The law also disqualifies defendants from participating in civil citation programs or diversion programs, such as drug court or pretrial intervention.
Limitation of Pretrial Release
The statute further requires judges to presume that no condition of release can guarantee the defendant’s appearance in court. As a result, courts are required to deny pretrial release unless doing so would violate the U.S. or Florida Constitution to anyone charged under this statute.
The Need for Legal Representation
Given the serious consequences attached to charges under Florida Statute 811.103, hiring a knowledgeable criminal defense attorney is essential. These cases can involve complex issues of federal immigration law, criminal record interpretation, and constitutional rights.
A defense attorney can explore possible defenses such as procedural violations during arrest, challenges to prior removal orders, or misidentification. In some cases, federal immigration status might be unclear, requiring coordination with immigration attorneys to determine the defendant’s legal standing.
The stakes are high: a conviction could mean years in prison, permanent bars to legal immigration pathways, and long-term consequences for families. Anyone facing a charge under this statute should seek immediate legal counsel.
If you or someone you know is facing an illegal reentry charge in Florida, don’t wait to seek legal help. Showalter Law is here to provide an aggressive trial-oriented defense and the highest level of representation.
Contact us for a free consultation.