An Overview of Immigration Law in Florida
Florida is a diverse and thriving state, home to a vast array of residents and a significant number of visitors from around the world. Immigration law plays a crucial role in the everyday lives of many individuals living or working in Florida, shaping their experiences and opportunities. As the immigration landscape continues to evolve, staying informed about the complexities and nuances of Florida’s immigration laws becomes increasingly important.
Understanding the law is particularly vital for those coming to Florida for work, study, or to reunite with family. Florida’s immigration law encompasses a wide range of issues, including visas, green cards, adjusted status, citizenship, and more. Each of these components has its own set of requirements and implications, guiding an individual’s experience in Florida and their journey in the United States as a whole.
From non-immigrant temporary visas to family-sponsored visas to immigration waivers, the processes can be intricate and challenging to navigate without proper guidance. Moreover , the consequences of immigration law violations can be severe, leading to the removal of an individual from the country, barred re-entry, and other negative outcomes.
The importance of understanding Florida’s immigration laws goes beyond the practicalities of residence and work in the state. It is also about the core values that underpin the American system, including the opportunity to seek prosperity and happiness in a free and democratic country. For many, the pursuit of these values is a personal dream that brought them to Florida in the first place.
The information included in this blog is intended to provide a general overview of how immigration law affects Florida residents, both for current residents and anyone considering moving to the state. It cannot address all the possible issues or the latest developments in immigration law. For any legal matters, it is always best to consult with a licensed attorney familiar with Florida laws and who has successfully assisted clients in similar situations.
Immigration Law Fundamentals in Florida
Florida’s immigration law landscape is primarily influenced by federal law, similar to most states. However, some unique state laws impact the immigration environment.
In 2019, SB 168 was signed into law, requiring local governments and private businesses to allow only the use of E-verify when hiring workers. Governor Ron DeSantis approved this bill with the condition that state agencies would use E-verify by Nov. 1, 2021, while local governments and businesses would need to follow suit by Jul. 1, 2020. Additionally, public agencies are restricted from providing economic incentives or benefits to immigrants who are not legally authorized to be present in the US. The law also requires agencies to cooperate with federal agencies in enforcing US immigration laws.
Since the law’s passage, there have been debates concerning its impacts on both legal and unauthorized migrants in Florida. For instance, this bill does not legally require employers to hire only persons with work visa/employment authorization documents, but does prevent them from offering "the same benefits" to persons not legally present in the US.
Additionally, any public agencies or contracted businesses that do not abide by these new requirements by Jul. 1, 2020, will face loss of state grant funding, as well as any remaining funds owed by the state.
Local jurisdictions and companies are still working to determine how these changes will impact them. On one side, proponents claim that this law will help prevent employers from unfairly hiring unauthorized immigrants in preference to authorized individuals. On the other hand, opponents argue that this law will unfairly punish authorized individuals seeking employment, such as having a pregnant woman seek a delivery without an employment authorization document.
In brief:
House Bill 817 allows law enforcement officials to enforce federal immigration law when they suspect unauthorized migrants of having committed an actionable crime. This bill gives law enforcement officers greater access to data and information from private businesses and local agencies about such persons. It also allows them to transport unauthorized individuals to federal authorities when they have committed crimes. Among concerns on this bill is the potential for unwarranted racial profiling by officers. However, Trump has threatened federal sanctions against those states that oppose this law. As of May 10, 2019, DeSantis signed an anti-sanctuary policy to comply with Trump’s order.
In 2021, FL signed the Restriction is Human Trafficking Act (Anti-Camcording Statute) into law, prohibiting the malicious videotaping or distribution of sexually explicit images of persons. This law applies to images obtained through specifically defined coercive conduct.
In August 2022, the Florida Supreme Court ruled that violations of this law, specifically by a partner/consent, still allow for a person to be prosecuted under state law. This ruling overruled a lower court’s decision which stated that consent is a complete defense that bars a person from criminal liability. This ruling also addressed the alleged compulsion to engage in prostitution as an affirmative defense.
SB 1308 – Disclosure of Immigration Status
This legislation mandates local governments in Florida to provide lawful immigration status for unauthorized immigrants for which governments are liable for expenses. The law also threatens lawsuits to enforce its provisions. Also included is legislation that would subject private businesses that wrongly pay employment taxes to unauthorized migrant workers to state liability.
Steps taken in the wake of the enactment of the Florida law SB 168 prioritized verification through E-Verify on the part of private companies and government agencies with state contract obligations. At the same time, several private businesses and organizations resisted complying with these laws citing potential for "unintentional exposure" and unfair penalties as reasons for refusal. Several municipalities also expressed opposition to comply with this law.
As with most states, the majority of immigration laws in Florida are based on federal laws. Florida touching on E-Verify and the enforcement of immigration-related laws on a state level provides an example of a growing trend in enforcement and verification proceedings being pushed from federal to state law.
Recent Developments and Changes
In recent years, Florida has seen a number of legislative and policy changes impacting immigration law. For instance, the state’s recent focus on immigration enforcement and public safety has led to new laws aimed at ensuring the safety of all residents, regardless of their immigration status.
One significant change came in July 2019 when the City of Orlando passed two ordinances aimed at what is referred to as "sanctuary cities." These ordinances prohibit local government from providing refuge for undocumented individuals and aim to increase communication and cooperation with federal authorities in identifying individuals who pose a danger to the community. In response to these and other ordinances, the Mexican-American Legal Defense and Educational Fund filed a lawsuit against the state of Florida, arguing that such laws violate the rights of immigrants and law-abiding residents.
Additionally, in 2018, the state of Florida voted in favor of Amendment 4, which allows individuals with felony convictions—who are not convicted of murder or sexual offenses—to apply for restoration of voting rights after completing their incarceration and parole. This amendment has been met with controversy, as legislators indicated that the measure would include language ensuring that all fines and fees owed by the felon be paid before the restoration of voting rights can occur. This caveat would act as another barrier to voting for many Floridians.
Other changes include the state’s crackdown on "sanctuary" policies at the county level, requiring local law enforcement to cooperate with federal authorities in enforcing immigration laws. Local governments are now valued at $5,000 for failing to comply with federal detainer requests, and individual officers are valued at $1,000. The current governor signed into law the "Florida’s Immigration Enforcement Law" in 2019, expanding the DEO’s authority.
Common Issues for Immigrants in Florida
Florida is a popular destination for immigrants, who come to the state to pursue better opportunities. Florida has the third largest immigrant population in the United States, with more than three million foreign-born residents. The state heavily relies on immigrants to help pay for services provided to the elderly, and the immigrant population is expected to grow even larger. Unfortunately, despite the high immigrant population, many immigrants face challenges because of Florida’s immigration laws. One of the most significant challenges faced by immigrants in Florida is their lack of citizenship and legal status. Many immigrants don’t have a social security number. Even those who do have a social security number are often unable to receive benefits from the state government. In 2014, state lawmakers threatened to place new restrictions on an important health care program for children. Many Florida children of legal immigrants use the program Medicaid. At the time, 130,000 children of legal immigrants were enrolled in the health care program. Some lawmakers wanted to limit access to the program, which could have reduced the number by 20,000 families. Immigrants in Florida also face challenges in regards to employment. Florida has some of the highest rates of unemployment for immigrants in the country. In 2014, 6.5 percent of immigrants in the state were unemployed. However, the employment rate for immigrants who were born in the United States was 3.3 percent. In recent years, the economy in Florida has improved. An increasing number of immigrants in the state have been able to join the workforce and earn a living. In addition to having trouble finding a job, immigrants in Florida also face difficulties receiving educational services. Several immigrants lack a high school diploma. Many have limited English skills and lack access to bilingual education services. Too often, immigrant parents leave their children who aren’t proficient in English on their own. Lawmakers in Florida have introduced several pieces of legislation that are aimed at making life easier for immigrants living in the state. Ultimately, these laws would be more beneficial if they position immigrants to take advantage of the labor market and available services.
Legal Guidance and Assistance
For those in need of assistance beyond that provided by the immigration attorney, there are various legal support resources and organizations designed to aid immigrants. These non-profits and legal aid institutions have a broad range of supportive services, from educational programs to emergency assistance with a free attorney assistance hotline.
The Catholic Legal Immigration Network is an organization providing support for immigrants regarding several key aspects including removal defense, work permits, asylum, family-based immigration and refugees. The network office has a staff of 18 attorneys with an additional 1,000 volunteer pro bono lawyers, interns, law students and non-attorney advocates to provide assistance for approximately 10 , 000 cases per year.
The Florida Immigrant Coalition (FLIC) maintains a website and is focused on encouraging greater participation in the local and state support system for legal and immigration issues. Groups are divided into eight different areas around the state, with extensive information regarding those regions. FLIC also encourages legal support for immigrants through advocacy and community organizing.
Other non-profit organizations include the Americans for Immigrant Justice (AIJ), Florida Justice Institute (which is a part of the Equal Justice Works National Advisory Committee), and the Immigrant Advocacy Center.
The Florida Bar Association maintains a special volunteer attorneys program that aims to team Florida lawyers with immigrant clients in need of assistance. Legal representation may be provided for those who cannot afford it and according to the various program eligibility requirements.
How to Remain in Compliance
Maintaining compliance with Florida’s immigration laws requires an understanding of your or your employee’s obligations under both federal and Florida law. Some of the most common issues non-residents face relate to maintaining legal status and work authorization. Florida is an "at will" work state, and employers may not discriminate in the hiring or retention of their employees on the basis of immigration status, nor may they take adverse employment actions on such basis. Both employees and employers in Florida have affirmative duties to be in compliance. Non-residents should keep these important steps in mind:
- (1) Know your status. Most immigrant visa classifications allow for limited periods of stay in the United States. Staying beyond the approved period may negatively affect future visa or immigration benefit approvals.
- (2) Check travel regulations. Some non-residents may only enter through a specific port of entry; failure to do so may result in a denial of admission to the U.S.
- (3) Apply for an extension of stay when necessary. If you are eligible, you should apply for an extension of your status within the last 30-60 days of your approved stay, prior to the expiration of the approved status.
- (4) Maintain your immigration record accurately. Keep copies of all status approvals with up to date information on each I-94 record issued to you. It is important to regularly check that records issued to you actually reflect the underlying I-94 data.
- (5) Should you choose to apply for permanent residency, make sure to keep your lawyer informed of any and all address changes during the pendency of the case.
- (6) Where applicable, if you have a change of status application pending, do not leave the U.S. while the application is pending.
- (7) If you are present in the United States in any status other than an immigrant status, you may not get married for the sole purpose of obtaining residency (this is considered "entry without inspection"). You must follow the requirements to apply for residency after both you and your fiancé(e) are married.
- (8) Green Card expiration date reminders for conditional residence: If you received conditional residence based on a marital certification and you are applying for a removal of conditions on permanent residency, you must file your application to remove conditions on residence prior to your expiration date, and prior to the second anniversary date.
- (9) If you are eligible to naturalize and become a citizen, begin the process as soon as possible (there is a regular processing time period from application filing to completion). You can always request to expedite or forego an English test if you are over a certain age and have resided in the U.S. for a certain prescribed period of time.
With the proper knowledge, one can successfully maintain legal status and fully benefit from the rights that come with it.
Future Perspectives and Insights
As we look to the future of immigration law in Florida, it remains important to address the state’s shifting political landscape. Lawmakers are keeping a worried eye on Washington D.C., focusing on potential rule changes and new legislation as they anticipate presidential elections to come. However, as is also true for immigration officials throughout the country, Florida legislators have already witnessed a number of executive orders from the president that may indeed alter the future of immigration law. For example, the Deferred Action for Parents of Americans (DAPA) program, which sought to provide temporary relief from deportation for undocumented immigrants who had children born in the U.S., was blocked before its official implementation. Recent executive actions limiting refugee admissions could also have an impact on the future of immigration in the state , placing further strain on those who would seek asylum in Florida. It is also possible that Florida will implement stricter border security policies and greater deportation enforcement. Such measures may impact the movement of illegal or undocumented immigrants and could have a negative impact on the state’s agricultural sector, which relies on a sizable amount of immigrant labor. In the months and years to come, Florida lawmakers will need to be proactive in addressing the potential consequences of ongoing changes to immigration policy. Whether new legislation faces razor-thin support or bipartisan consensus, working in concert with leading immigration attorneys will be crucial to shaping the future of Florida immigration law.