This article discusses Florida’s new anti-immigration law (FL 1718) which is set to take effect on July 1, 2023.
The law signed by Florida governor Ron DeSantis on May 9, 2023, is an effort to combat illegal immigration, a function typically performed by the U.S. federal government and its agencies. The new legislation is expected to meaningfully reduce the number of undocumented persons in Florida by significantly restricting their ability to receive travel across state borders, get employment and even drive a motor vehicle in Florida.
The bill is expected to have an effect not only on undocumented individuals but also on state institutions, local governments, legal immigrants and visa holders, and U.S. citizens. Below is a summary of the main provisions of the new law, who is likely to be affected, and how.
Florida hospitals to collect immigration status information.
Florida hospitals that accept Medicaid will be required to ask about the patient’s current legal status in the U.S. on registration forms. Patients will have to disclose if they are either a U.S. citizen, have a legal immigrant or nonimmigrant status in the US or are unlawfully present in the United States. However, patients will also have the option “decline to answer”.
In addition, hospitals will have to report the collected information to the Florida Agency for Health Care Administration on a quarterly basis, but no patient personal information is required in the reports. In turn the Florida HCA agency will have to submit an annual report to the Florida Governor and state Congress which contains estimates on the public’s costs of uncompensated healthcare for unlawfully present individuals.
This will add extra paperwork and reporting costs to Florida hospitals but is unlikely to result in lists of undocumented immigrants that can be targeted for deportation. Since personal patient data will not be shared with the Florida state, undocumented immigrants will be able to continue visiting hospitals and receiving care in Florida.
Increased penalties for hiring undocumented immigrants and criminal charges for using false IDs to circumvent employment verification.
The new Florida anti-immigration law provides for increased penalties for hiring undocumented immigrants and criminal penalties for using false IDs to circumvent employment verification.
The new Florida law includes the following penalties:
- Under the new law, a person will be violating Florida state law if they knowingly employ, hire, recruit, or refer an employee who is not authorized to work in the United States. It will not matter if the person did it for themselves or on behalf of another. The law also has escalating penalties for violations related to hiring undocumented immigrants that could result in complete revocation of an employer’s state business license.
- The new law includes criminal penalties of up to $5,000 fine and up to 5 years in prison, for people who are not authorized to work in the US and use false IDs, or who fraudulently use other people’s IDs, for the purpose of obtaining employment.
Mandatory E-Verify for companies with 25 employees or more.
- The new bill requires employers to verify if each new employee is eligible to work in the US within 3 business days after the first day of hire.
- Companies with 25 employees or more have to use the E-Verify system for all new employees and retain a copy of the documentation used (ID, passport, work authorization card) and the official verification generated E-Verify for at least 3 years after the hiring date.
- Employers have to certify that they use the E-Verify system on unemployment compensation or reemployment assistance system returns.
- Government contractors and subcontractors must use the E-Verify system, even if under 25 employees.
- Employers are prohibited from continuing to employ an undocumented worker after obtaining knowledge that a worker is or has become an undocumented worker.
- Failing to use E-Verify, when required, three times or more in a 24-month period can result in a $1,000 per day fine until the employer provides proof that the noncompliance is resolved. Noncompliance also constitutes grounds for the suspension of all state business licenses until the noncompliance is fixed.
- State law enforcement agencies have the authorization to perform random audits of employers. If an employer is found not to be in compliance with E-Verify rules, it will have 30 days to address the issue.
The above penalties will make it very difficult for undocumented immigrants to find work in the state of Florida. Not only are undocumented immigrants who try to circumvent the system by presenting false IDs or another person’s ID subject to criminal prosecution but also employers face random audits, steep fines and suspension of state business licenses. The law will also affect recruitment agencies who knowingly refer employees who are not authorized to work in the United States.
This part of the law will affect not only undocumented immigrants who work or seek work in Florida but also US employers and businesses. B1/B2 visa holders and other nonimmigrant visa holders, who are legally present in the US but are otherwise not authorized to work, are also affected by the new anti-immigration Florida law and should not attempt to work in Florida without proper work authorization such as an EAD card.
Transporting undocumented immigrants across Florida border.
The most extreme section of the new Florida anti-immigration law is that it makes it human smuggling to transport, knowingly and willfully, a person, who has entered the US illegally, across the state border of Florida. Violators of this law can be charged with a second-degree felony and face up to 15 years in prison.
It is important to note however, that the legislation does not criminalize living with, providing shelter to, or renting space to individuals who are undocumented, or transporting undocumented individuals within the state of Florida.
Restricted access to driver licenses and professional licenses
The new Florida anti-immigration law invalidates driver’s licenses issued by other states to undocumented immigrants who are unable to prove lawful presence when the license is issued. Law enforcement officers must now issue a citation to any person driving with such a license in Florida. The Florida Division of Highway Safety and Motor Vehicles (DHSMV) is required to maintain a list on its website that contains all out-of-state driver license classes that are not valid and recognized in Florida.
Although Florida does require proof of legal status in the US to issue a driver license to noncitizens, not all states do. For example, Michigan, Illinois and New Mexico among few others do have a separate class of driver license that does not require a proof of legal status in the US.
Without being able to use any driver license in the state of Florida, undocumented immigrants will find themselves unable to drive, making it extremely difficult to commute to work, school, or to seek medical treatment in a state with very limited public transportation.
The new law repeals a statutory provision that is allowing DACA recipients and certain other undocumented individuals to be admitted to the Florida Bar and practice as attorneys. However, this provision becomes effective more than 5 years from now on Nov. 1, 2028, and does not affect the validity of any license to practice law issued before the effective date.
If you are the spouse of a US citizen, you may be eligible to obtain a green card. Contact our immigration lawyers in Miami, Florida USA to learn more or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
