DeSantis seeks special approval from Trump to handle immigration, fears of constitutional rights violation grow
Florida – On Thursday, Gov. Ron DeSantis joined Department of Homeland Security officials to champion a bold expansion of Florida’s immigration enforcement activities. Speaking at a press conference, he lauded the achievements of Operation Tidal Wave—a concerted effort involving federal, state, and local law enforcement that has resulted in over 1,100 arrests of illegal immigrants in Florida. DeSantis, however, made it obvious that just imprisoning people does not make him happy. He wants his state’s National Guard to be far more active in the procedure.
“We have both a National Guard and a State Guard who are used to responding to different types of contingencies,” DeSantis said. “We’re ready, willing, and able to take it to the next level.”
He has officially requested the Trump administration to allow JAG officers in the Florida National Guard to act as immigration judges—bringing them in “from soup to nuts,” as he called it, to supervise every stage from apprehension to final hearing.
Actual judges under current federal law are only those appointed under Article III of the U.S. Constitution. DeSantis underlined that his plan would not add new federal judgeships; instead, it would authorize Judge Advocate Generals—military lawyers now advising and representing Guard members—to oversee removal actions. A state official stated these cops only require formal Department of Homeland Security authorization to take on extra responsibilities.
Not everyone is sure this will not violate constitutional rights. Citing due process concerns, federal courts have rejected earlier Trump administration attempts to remove immigrants en-masse. DeSantis responded to such concerns by highlighting that the people Florida is targeting have already been court-ordered removed and have ignored the orders.
“We have tens of thousands of illegal aliens in Florida, at a minimum, that have already been issued final orders of removal…,” he added. “(It’s) very high priority for our state efforts to continue to identify those individuals and make sure that they return to their country of origin.”
The governor claimed that Operation Tidal Wave is the largest state-led immigration enforcement operation the country has witnessed in years. He underlined ICE’s recent cooperation, which over the last weekend alone held about 800 illegal aliens in Florida. DeSantis lauded the combined effort with DHS and said it is actually conveying the message that the United States of America is determined to enforce its immigration laws.
DeSantis’s push happens alongside the White House’s own deportation effort. Deputy Chief of Staff Stephen Miller forecast earlier this week that by the end of 2025 one million illegal aliens will be removed—139,000 of whom had already been deported since Inauguration Day.
Back home, the governor has clashed with the state legislature on how to best address illegal immigration. Lawmakers and DeSantis worked out a State Board of Immigration Enforcement following his first request for a special session being turned down. Signed in February, that law opened the door for more severe actions including treating illegal entrance a misdemeanor.
Legal disputes have also been caused by the increased assault. A federal judge recently admonished Florida Attorney General James Uthmeier for encouraging local police to disregard an injunction against the new criminal statute. Uthmeier’s contempt hearing is scheduled for May 29, underlining the heated fight over how far the state can go in carrying out immigration policies.
