Creates a presumption of pretrial detention for unauthorized aliens (as defined in s. 908.111) and requires the state attorney or court to move for detention upon probable cause and preponderance finding, making it harder for unauthorized aliens to be released pending trial and thereby increasing in
It shall be presumed that no conditions of release will secure the appearance at trial of an unauthorized alien as defined in s. 908.111. If a court determines that there is probable cause to believe that the defendant committed the offense and the court further determines by a preponderance of the evidence that the defendant is an unauthorized alien as defined in s. 908.111, the state attorney, or the court on its own motion, must move for pretrial detention.
Creates a presumption of pretrial detention specifically for unauthorized aliens charged with offenses, which expands state-level immigration-related enforcement by treating immigration status as a factor that increases detention likelihood in criminal proceedings.
It shall be presumed that no conditions of release will secure the appearance at trial of an unauthorized alien as defined in s. 908.111.
Why the model tagged it this way: The bill amends pretrial detention rules to create a presumption against release for unauthorized aliens (cross-referencing s. 908.111), requiring a motion for detention upon a preponderance finding of status; this expands immigration enforcement by increasing state detention of noncitizens in the criminal justice system. No other listed topics are substantively addressed.
Related bills
S0488Transportation↑Expands immigration enforcement Law
H0229Violation of State Immigration Law↑Expands immigration enforcement↑Expands immigration enforcement Failed
H0315Immigration, Law Enforcement, and State-issued Identification↓Restricts immigration enforcement↓Restricts immigration enforcement Failed
H0419Law Enforcement and Immigration Officer Identifying Information and Face Coverings↑Expands immigration enforcement=No change to immigration enforcement Failed