New Florida Immigration Law SB 1718: An Overview of Key Provisions

Recently, the Florida Congress passed an immigration Law known as SB 1718, which will have significant consequences for immigrants and employers. The law creates new sections of the Florida Statutes. The law takes effect on July 1, 2023, covering driver’s licenses, employment, hospital admissions, and human trafficking. Below are some critical provisions of the bill that you should know.

Prohibition on Issuing Identification Documents without Proof of Lawful Presence in the United States.

This provision greatly impacts undocumented individuals in Florida who relied on local government support for identification. This provision greatly impacts undocumented individuals in Florida who relied on local government support for identification.

The Invalidity of Certain Out-of-State Driver’s Licenses

Under the new law, certain driver’s licenses issued to unauthorized immigrants by other states are invalid in Florida. Law enforcement and Highway Safety representatives must cite individuals driving with these invalid licenses.The department must also maintain a list on its website of out-of-state driver’s licenses that are invalid in Florida.

Patient Immigration Status Data Collection in Hospitals

Florida hospitals accepting Medicaid must ask about a patient’s immigration status on admission or registration forms.The patient or representative must state if the patient is a U.S. citizen, lawfully present, or not. Hospitals must assure patients that their response won’t impact care or be reported to immigration authorities

Invalidates Authorization for Admission of Unauthorized Immigrants as Attorneys

The new law invalidates Florida Statutes that previously allowed the admission of unauthorized immigrants as attorneys in the state.

Employment Eligibility Verification and Compliance for Private Employers

Private employers must verify an individual’s work eligibility in the U.S. before hiring or referring them.They must keep verification records for at least five years and cannot retain unauthorized employees. The Department of Economic Opportunity can request specific documents from employers to ensure regulatory compliance.

Penalties for Employment of Unauthorized Immigrants

 Florida private employers knowingly hiring unauthorized immigrants will face penalties.A first violation results in a $5,000 fine per unauthorized immigrant employed.A second violation within 24 months increases the fine to $7,500 per unauthorized immigrant, with licenses suspended for 120 days. A third violation within 24 months raises the fine to $10,000 per unauthorized immigrant, with licenses revoked.

Criminal Penalties for Identity Fraud and Misuse of Documents

An unauthorized immigrant using false or another person’s ID to get work in Florida commits a third-degree felony.

Criminal Penalties for Transporting, Concealing, Harboring, or Shielding Unauthorized Immigrants

The new law makes certain human smuggling offenses a third-degree felony when committed knowingly and willfully. Offenses include transporting individuals who entered the U.S. illegally without Federal inspection. They also include concealing, harboring, or shielding from detection those who entered the U.S. illegally.

Cooperation with Federal Immigration Agencies

DNA Sample Collection from Qualifying Offenders, including Immigration Detainees

Conclusion

Florida’s new immigration law carries significant implications for individuals, families, employers, and organizations throughout the state. As such, it is vital to comprehend the law’s key provisions to comply and evade potential legal repercussions. However, due to some of its ambiguous and stringent provisions, usurping the authority and responsibilities of the federal government, the law, will likely face strong opposition and result in litigations.

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