Florida has become the first state in the country to legally allow undocumented migrants to be sentenced to death, without the need for a unanimous jury, if they are found guilty of capital crimes such as first-degree murder or child rape. This measure, approved in January by the state government, has been described by legal experts and human rights advocates as “a direct threat” against migrant communities.
The law was pushed through in the midst of a toughening of immigration policy following Donald Trump’s return to the presidency, with the active support of Florida Governor Ron DeSantis. In parallel, the state has increased its cooperation with the Department of Homeland Security(DHS), building detention centers such as the controversial “Alligator Alcatraz”, and authorizing local police to participate in ICE raids against undocumented migrants.
Death penalty is applied without unanimity
As of 2023, Florida and Alabama are the only states where jury unanimity is not required to recommend capital punishment.
It is sufficient that 8 of the 12 members vote in favor.
And since January of this year, the law allows the death penalty to be imposed even without unanimous recommendation.
As well as in cases involving undocumented persons charged with aggravated felonies.
“It is blatantly unconstitutional,” warned attorney Maria DeLiberato, director of Floridians for Alternatives to the Death Penalty.
“A mandatory death penalty cannot be applied, much less in a process that already excludes basic guarantees.”
Florida breaks execution record in 2025
Buzzy
This Monday, July 15, Florida carried out its eighth execution of the year, surpassing its historical average and coming within one of breaking its own annual record.
The condemned was Michael B. Bell, who was sentenced for murder and executed by lethal injection.
In addition, the state already has a ninth execution scheduled for July 31, which would make it the territory with the most executions in a single year since 2018, when Texas reached 13.
Florida has the third highest number of executions since the death penalty was reinstated in 1976, with a total of 113 deaths, behind only Texas (595) and Oklahoma (129).
In the last three years, it has executed 14 people, and all indications are that the number will continue to rise.
Currently, 283 people are waiting on death row.
Although Florida has exonerated more wrongfully convicted inmates than any other state – 30 in all – the system remains one of the most aggressive in its application of capital punishment.
Criticism from religious and civil sectors
The increase in executions and the application of this new law has generated strong criticism from religious leaders, legal organizations and immigrant advocates.
They accuse the state of using the death penalty as a political weapon.
The Archdiocese of Miami called the trend “corrosive” and called for a halt to the executions.
It is blatantly unconstitutional
For his part, state Congressman Berny Jacques publicly endorsed the policy.
He linked it to the “renewed interest in law and order” following Trump’s victory in 2024.
For more information, visit QuéOnnda.com.
