Senate Bill 1718: Florida's New Anti-Immigrant Legislation

On May 9, 2023, Florida Governor Ron DeSantis signed the extremely anti-immigrant Senate Bill 1718 into law. The bill intends to “combat the dangerous effects of illegal immigration caused by the federal government’s reckless border policies.” Although we all still have questions about how this will affect undocumented individuals in Florida and throughout the country, we wanted to share some of our insights.

The bill goes into effect on July 1, 2023, and addresses Florida’s concerns about undocumented individuals and unlawful immigration.

Governor Ron DeSantis and Florida lawmakers have been very open about their views on undocumented immigrants and what they call President Biden’s “open borders agenda” – which is why it is not surprising that cruel legislation is one of the toughest crackdowns on undocumented immigrants in over a decade. In fact, it goes against most new policies throughout the country, which are more inclusive of the undocumented population. An estimated 10 million undocumented migrants live in the US, and many states recognize how valuable they are to our country. However, this Florida bill is going straight in the opposite direction.

The Florida law is quite far reaching and will affect undocumented Floridians in many ways. The biggest part of the bill is that it will put people who “shelter, support, and provide transportation to undocumented immigrants, including those who have overstayed their visa or who have lived in Florida for decades and have US born children” at risk of being charged with a third-degree felony. But the law does not stop there. Hospitals will have to ask for their patient’s immigration status. Out-of-state driver’s licenses of undocumented immigrants will no longer be valid. Employers will face a multitude of restrictions regarding who they can employ and are susceptible to fines as well.

Although Florida Republicans claim they do not want to harm those here legally, their cruel intentions toward undocumented migrants are clear. Politicians say that they simply want to prevent unauthorized border crossings, but it is obvious how this will harm migrants, tourists, and lawful residents and citizens alike, with significant harm to those without status. Many predict that race profiling will increase, putting anyone who does not “look” American at risk. But what does an American look like?

Although not intended to harm local Floridians, it is hard to ignore how they, too, will be affected. If you are a child with undocumented parents, you could be punished simply for living with them or taking them to work. Landlords could be fined or charged for who they rent their properties to. Families could be at risk simply for having an undocumented housekeeper or caretaker.

It is still unclear what this bill actually means for immigrants in Florida. It is definitely a terrifying policy for immigrants and their supporters. With the uncertainty, we understand your frustrations and worries. Although we currently are unsure how much this will impact our clients, attorneys across the country are working to understand the bill’s extent and potential consequences. Things will most likely become clearer once the bill goes into effect, and we’ll be sure to keep you updated.

If you’d like to know more about the bill, we recommend reading this statement by the Devore Law Group. They address frequently asked questions, such as how this affects those unlawfully present and seeking medical care, those employed by private employers, and those living with or transporting undocumented individuals. Below, we have also listed five main things to keep in mind if you are undocumented and either living in Florida or considering traveling there.

You can also read more about the Florida anti-immigration bill through the links below.

Five main things to keep in mind if you are undocumented in the US and Florida:

1. Travel to Florida

Transporting undocumented people into the state of Florida is now a punishable offense, up to 15 years in prison. This is regardless of the fact of whether you are related to them or not. It is currently not a crime to transport them within the state.

2. Licenses

Out-of-state licenses issued to undocumented individuals are no longer valid in Florida. Being caught using them can lead to a fine or imprisonment. It appears that, at the moment, it is up to the discretion of law enforcement to determine whether or not the licenses are valid when stopping suspected individuals.

3. E-Verify

E-Verify is a system that allows businesses to determine the eligibility of individuals to work based on their immigration status. However, this system has been described as significantly flawed. This policy applies to all businesses with 25 or more employees and will prevent employers from hiring workers and undocumented individuals from providing for their families.

4. Community IDs

If you have a community ID, they remain valid as a form of identification. However, local Florida governments can no longer financially support community IDs.

5. Health Care

Florida hospitals are now required to inquire about a patient’s immigration status. This does not prevent undocumented individuals from accessing their right to healthcare and, as of now, it is not required to provide an answer when asked.