On May 10, 2023, Florida Governor Ron DeSantis signed CS/CS/SB 1718, which became chapter 2023-40, Laws of Florida. Most of it took effect on July 1, 2023. It is the state's broadest immigration law: it requires private employers with 25 or more employees to use E-Verify, invalidates certain out-of-state driver licenses issued to people who could not prove lawful presence, bars counties and cities from funding identification documents for people without proof of lawful presence, requires certain hospitals to collect immigration status on admission forms, and raised the penalties for human smuggling.
Governor DeSantis' actions reflect growing concerns in some communities about the potential impact of illegal immigration on crime rates and public safety. Keep reading to learn more about these new laws and what they mean for undocumented Floridians.
Digging Into The New Legislation
The law is CS/CS/SB 1718 (2023). It passed the Senate on April 28, 2023 and the House on May 2, 2023, and it was enrolled as chapter 2023-40, Laws of Florida, effective July 1, 2023 except as otherwise provided. It changed employment verification, driver licenses and identification documents, hospital admission forms, and the human smuggling statute.
The Role Of Local Governments: Municipalities And Counties
Immigration law is enforced by the federal government, not by Florida counties and cities. What Florida law does is require cooperation. Under Florida Statute 908.104, state and local law enforcement agencies must use best efforts to support the enforcement of federal immigration law, and no state or local entity may stop a law enforcement agency from sending immigration status information to a federal immigration agency, recording it, exchanging it, or using it to comply with an immigration detainer.
This cooperation ensures that any undocumented immigrant involved in criminal activity is identified, penalized, and, if appropriate, reported to federal immigration authorities.
Implications For Undocumented Immigrants
These new laws have serious implications for undocumented immigrants in Florida. They face higher penalties for engaging in criminal activity, with harsher consequences for repeat offenders.
In addition, the mandatory use of E-Verify by employers with 25 or more employees will help identify and deter illegal employment, further underscoring the state's commitment to addressing this problem. The increased involvement of local authorities in immigration enforcement ensures that the state can respond effectively and efficiently to immigration-related offenses.
Provisions Of The New Laws
The criminal change chapter 2023-40 actually made is to human smuggling. Under Florida Statute 787.07, knowingly and willfully transporting into Florida a person the offender knows or should know entered the United States unlawfully and has not been inspected since is a third-degree felony, punishable by up to 5 years in prison. It becomes a second-degree felony, punishable by up to 15 years, if the person transported is a minor, if the offender commits five or more separate offenses in a single episode, or if the offender has a prior conviction under the same section. Each person transported is a separate offense, and a person arrested under this section must be held in custody until brought before a court for pretrial release.
Driving without a valid license does escalate in Florida, but that came from a separate 2024 law and it applies to every driver, not only to people who are in the country unlawfully. Under Florida Statute 322.03(1)(b), a first conviction is a second-degree misdemeanor, a second conviction is a first-degree misdemeanor punishable by up to 1 year in jail, and a third or subsequent conviction is a first-degree misdemeanor carrying a mandatory minimum of 10 days in jail.
Restrictions On IDs And Driver Licenses
Chapter 2023-40 bars Florida counties and municipalities from providing funds to any person or organization to issue identification documents to someone who does not show proof of lawful presence in the United States. It also created Florida Statute 322.033, which says the state may not issue a driver license or identification card to an unauthorized alien or undocumented immigrant, and that a class of out-of-state driver license issued exclusively to people who could not prove lawful presence is not valid in Florida. A driver stopped with one of those licenses is cited for driving without a license under Florida Statute 322.03, and the Department of Highway Safety and Motor Vehicles maintains the list of out-of-state license classes that are invalid here on its website.
Employment Verification: Mandatory E-Verify
Under Florida Statute 448.095(2)(b)2., a private employer with 25 or more employees has had to use the federal E-Verify system to check a new employee's work eligibility since July 1, 2023. The check has to happen within 3 business days after the employee's first day of paid work, and the employer must certify its compliance on its first reemployment assistance return each calendar year.
Employers who hire illegal aliens will face enforceable penalties, further reducing illegal employment practices in the state.
Enforcement And Judicial Process
State and local law enforcement agencies throughout Florida are now tasked with carrying out initiatives against illegal aliens involved in criminal activity. As a result, you may see any of the following changes begin to take place throughout your community:
- Increased law enforcement presence and operations to pursue criminal activity by illegal aliens.
- Checking and verifying the legal status of individuals suspected of being involved in criminal activity during interactions with law enforcement.
- Potential increase in deportation proceedings for criminal offenders.
Those changes worry some residents. Whatever your immigration status, you keep the right to remain silent and the right to a lawyer if you are questioned or arrested in Florida.
Judicial Path for Deported Individuals
Removal is a federal process, not a Florida one, and a state criminal case and a removal case run separately in different courts. Removal usually runs like this:
- Detainer or arrest: state or local officers hold the person on the state charge, and U.S. Immigration and Customs Enforcement may lodge an immigration detainer.
- Hearing: the person appears before an immigration judge in the Executive Office for Immigration Review, part of the U.S. Department of Justice, who decides whether the person is removable and whether any relief from removal applies.
- Order: if the immigration judge finds the person removable and no relief applies, the judge enters an order of removal.
- Appeal: the person may appeal to the Board of Immigration Appeals and, in most cases, then petition a federal court of appeals for review. An appeal does not guarantee a different result.
- Removal: if the order stands, the person is removed from the United States.
Pushback And Legal Challenges
The enactment of these new laws has sparked opposition from various sectors in Florida. Tensions over the state and federal government's responsibilities in enforcing immigration laws are ongoing.
The national perspective on Florida's immigration policy illustrates the diversity of opinion in the United States.
Responses From Immigrant Advocacy Groups
Many immigrant advocacy groups have expressed concern about the new laws signed by Republican Governor Ron DeSantis. They argue that these laws could lead to increased racial profiling and discrimination.
They also argue that the laws reach people who have committed no crime at all. Florida has taken a stricter stance regardless.
State vs. Federal Government Tensions
One of the main points of contention in the debate over these new laws is the balance of power between the state and federal governments. When he signed the bill in 2023, Governor DeSantis criticized the Biden administration for what he called a failure to secure the southern border, leaving states like Florida to act on their own.
However, opponents argue that the federal government is primarily responsible for enforcing immigration laws and that states should not enact additional laws that could complicate or undermine those efforts.
National Perspective On Florida's Immigration Policies
As Florida implements its newly signed immigration laws, it's worth examining how its approach compares to other states. California, for example, has adopted a more lenient policy toward undocumented immigrants, granting them benefits such as obtaining a driver's license.
This difference in approach highlights the ongoing debate over immigration policy in the United States and underscores the deep divides between states' attitudes on the issue.
Broader Context And Related Issues
Florida’s new immigration laws also play a part in the larger national conversation being had about illegal immigration. This involves things like the dynamics at the southern border and the ongoing labor shortages in Florida and nationwide.
Future Of Immigration Reforms
Chapter 2023-40 was followed by similar bills in other states, and Florida returned to the subject in its 2025 sessions. Other states may adopt comparable employment verification and licensing rules.
This increased attention to immigration reform could lead to discussions about the future of the immigration system as a whole and the potential impact of these reforms on hospitals, social services, and the economy as a whole.
Speak To A Criminal Lawyer In Florida Today
If you or a loved one has been charged with a crime under Florida’s new laws targeting illegal immigrants, you should speak with an experienced criminal defense attorney at Weinstein Legal Team right away.
Our attorneys will advocate on your behalf and ensure your rights are defended throughout the life of your case. Click here to schedule a free consultation with an experienced criminal lawyer at Weinstein Legal Team, or give us a call at 888.626.1108 to speak with an attorney right away.
