Deportation risk for undocumented crime victims rises under new Florida law

Zoom in: The new law established stricter criteria for when police can withhold a person's information from federal immigration authorities, requiring proof that the witness or victim is "necessary" to the case.

• Agencies must also keep documentation — like police reports and victim impact statements — for at least 10 years to validate that someone was a "necessary" witness or victim of the crime.
• Though the law prohibits police from detaining an immigrant "solely" for being a victim or witness of a crime, this wording allows for detention on other grounds.

What they're saying: "This is another example of holding undocumented immigrants to standards that we do not hold U.S. citizens, dangling the threat of information sharing over undocumented immigrants' heads," says Asad L. Asad, assistant professor of sociology at Stanford University.

• "What is deemed 'necessary' is itself a subjective determination, which means that someone who's trying earnestly to be helpful may not be perceived as necessary for solving the crime and could be deported," adds Asad.

The big picture: The issue of police reporting victims or witnesses to federal immigration authorities isn't new in Florida. However, these changes could make it more common and may discourage reporting.

Case in point: In 2018, Gainesville police responded to a domestic violence call. A Guatemalan woman told them her boyfriend had abused her. Officers found him inside the apartment and arrested him.

• They found others, too. At least seven people lived there with the couple. Police believed the witnesses to be undocumented and planned to report them to ICE if that turned out to be true.
• The department later posted the address on Facebook. Then, the apartment emptied. When prosecutors reviewed the case, no witnesses remained. So, they dropped the charges.

Between the lines: Gender-based violence affects all women; however, immigration status influences how this violence is experienced, as well as potential access to help.

• Research shows immigrant women are more likely to be victims of gender-based violence than citizens but are less likely to report it, as abusers manipulate their understanding of legal rights.
• Researcher Kavitha Sreeharsha wrote that increased immigration enforcement increases crimes against undocumented immigrants by creating a climate where people see "a window to exploit" them.

Friction point: Politicians often conflate undocumented immigrants with criminals, creating a paradox for crime victims — even though being in the U.S. illegally is a civil violation, not a criminal one.

• Florida's new laws further complicate this perception by making it a misdemeanor to enter or attempt to enter the state after illegally entering the U.S.
• Although the new laws exempt immigrants who are victims or witnesses to a crime from being arrested for that offense, this nuance seldom reaches immigrant communities.