FL Immigration Reform Law Met With Protests, Lawsuits

FLORIDA — After the strongest anti-illegal immigration legislation in the country took effect in Florida on July 1, Gov. Ron DeSantis fired his first salvo at what he calls the Biden administration’s “lax immigration policies,” declaring driver’s licenses issued by four states illegal in the Sunshine State.

Critics said Florida is already feeling the effects of the law as undocumented immigrants — who are a sizable part of the agriculture and construction workforce — begin a mass exodus out of the state to avoid deportation.

On July 5, DeSantis launched his crackdown on undocumented immigrants by ordering the Florida Department of Highway Safety and Motor Vehicles to publish a list of out-of-state driver’s licenses that are no longer valid in Florida under Senate Bill 1718.

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The list, which is available on the FLHSMV website, alerts visitors to Florida of driver’s licenses that are no longer accepted by the state. Currently, the list includes licenses issued by Vermont, Hawaii, Delaware and Connecticut.

The department noted, however, that the website will be updated as the state agency identifies other states that issue driver’s licenses to undocumented immigrants.

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According to the National Conference of State Legislatures, 19 states and the District of Columbia issue driver’s licenses to people living in the United States illegally.

SB 1718, promoted by DeSantis to “combat Biden’s border crisis,” passed the Florida House on an 83 to 36 vote and passed the Senate on a 27 to 10 vote during the 2023 legislative session. It was signed into law by DeSantis on May 9.

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The new law contains 18 provisions that DeSantis said are intended to discourage undocumented immigrants from coming to Florida or being smuggled into Florida by human traffickers.

This includes prohibiting people from driving a vehicle in Florida if they have a driver’s license issued by a state that provides licenses to undocumented immigrants.

The law also prevents undocumented immigrants from using certain existing exemptions to obtain a Florida driver’s license.

“The bill prohibits the issuance of a driver’s license to anyone who does not provide proof of lawful presence in the U.S. and specifies that out-of-state driver licenses issued exclusively to illegal aliens are invalid in Florida,” according to the bill’s summary.

Anyone who presents an invalid out-of-state driver’s license to law enforcement during a traffic stop will face penalties under Section 322.03 Florida Statutes, which is a first-degree misdemeanor and results in confiscation of the “invalid” driver’s license. However, Hispanic advocacy groups say those who are pulled over can likely expect a visit from U.S. Immigration and Customs Enforcement.

“Someone who is in our country illegally and has violated our laws should not possess a government-issued ID which allows them access to state-funded services and other privileges afforded to lawful residents,” said DeSantis. “The Biden administration may continue to abdicate its responsibilities to secure our border, but Florida will stand for the rule of law. Even if the federal government refuses, Florida will act decisively to protect our citizens, our state and our country.”

“FLHSMV and its division of the Florida Highway Patrol are prepared to strictly enforce Senate Bill 1718,” said FLHSMV Executive Director Dave Kerner.

“This legislation supports two of our primary goals: to enhance homeland security and to interdict criminal activity,” said Kerner. “It communicates our state policy that Florida will not provide incentives to undocumented immigrants while reminding criminal cartels and those who are planning to unlawfully cross our national border that Florida should not be their destination of choice. By doing this, we commit to a safer Florida.”

Kerner said he hopes other states will follow Florida’s lead.

“There are two choices that an immigrant can make when they’re crossing the border illegally,” he said. “One is to self-report to federal authorities, Border Patrol. They apply for asylum and they’re documented. They have lawful presence so that whole population is not relevant to this bill. Gov. DeSantis has been very clear, and it’s a very obvious policy, that states should not be in the business of incentivizing those that cross the border illegally to avoid detection and remain undocumented.”

“This bill is about safety and security. When we enforce it, we ensure that the individuals we encounter are who they say they are and that they are welcome to enjoy all that the state has to offer,” said Florida Highway Patrol Col. Gary Howze II. “Our priority is public safety and keeping our communities safe. We are committed to anything we can do to further that endeavor.”

DeSantis’ actions were promptly condemned by Hispanic advocacy and civil liberties organizations around the country.

“As a Puerto Rican and a Latino, I stand in solidarity with the immigrants who come to Florida to work,” said Marcos Vilar, executive director of Alianza for Progress, a Florida-based nonprofit Puerto Rican and Hispanic advocacy group. “How many of us have not lent a hand to a fellow immigrant in need? But now helping them would make me a criminal. This law does not represent American values; it does not represent Christian values, nor does it represent the humanitarian values that my parents raised me with.”

“As someone who came to the U.S. as a political asylee from Venezuela at an early age and then went on to Princeton and Oxford, I know how much immigrants have to give to Florida and the nation, if we’re just given the chance,” said Samuel Vilchez, Florida state director of the American Business Immigration Coalition.

“But this legislation does exactly the opposite — it cruelly aims to make life harder for people navigating our complex immigration system who every day get up and give their best to the state of Florida as a matter of pride,” said Vilchez. “When one in five Floridians is an immigrant, you can’t sow devastation in their lives without devastating Florida’s businesses and economic growth.”

“While the full impact of SB 1718 on Florida residents is difficult to quantify, its impact on the state’s economy is likely to be devastating,” said the American Immigration Lawyers Association in a statement to Patch. “A 2019 report by the Migration Policy Institute estimates that there are over 700,000 undocumented individuals in the Florida workforce and that almost one in four workers in the construction industry are undocumented. Similarly, a 2021 report by the New American Economy Research Fund indicates that approximately 42 percent of Florida’s farm workers are undocumented.”

On July 5, four days after the legislation became law, the Farmworkers Association of Florida joined other groups in filing a lawsuit against DeSantis, saying the law violates fundamental human rights.

“If they (undocumented immigrants) are fearful of their immigration status and their lack of rights, it becomes more difficult for them to feel comfortable raising their voices and speaking out if they see any type of abuses,” said Neza Xiuhtecutli, general coordinator for the Farmworkers Association of Florida.

“It’s discouraging to see people who work so hard, make sure we have food on our table, who really are trying to do the best by their families to be so attacked all the time just because of where they come from or the situations they had to flee from,” Xiuhtecuti said.

The Hispanic Federation of Florida, a nonprofit immigration advocacy organization, joined the lawsuit.

Hispanic Federation President and CEO Frankie Miranda urged the Biden administration to expedite work authorizations for asylum seekers in the U.S., especially in the construction, tourism and agricultural industries, which hire the majority of undocumented workers in Florida.

While DeSantis touts the new law as immigration reform, Miranda said the law is more accurately abeled an anti-immigration law.

After DeSantis signed the bill on May 24, the Hispanic Federation and other advocacy groups warned that the law will “decimate Florida’s economy.”

While DeSantis headed to Iowa and New Hampshire to campaign for president, business owners, farm workers and advocacy groups held protests in Tallahassee, West Palm Beach, Jacksonville, Vero Beach, Orlando, Tampa and the farming communities of Immokalee and Pierson.

Prior to the bill going into effect, the Hispanic Federation declared Florida a “case study of the economic and humanitarian crisis that will unfold in the U.S. if the wave of anti-immigrant policies sweeping the country become law.”

In anticipation, the federation hosted “Know Your Rights” workshops in farm communities throughout the state.

The federation is also working with farm workers to help them navigate barriers to work and citizenship by funding legal representation and supporting Deferred Action for Childhood Arrivals applications through U.S. Citizenship and Immigration Services.

And volunteers have been accompanying employees of the U.S. Department of Agriculture’s Agricultural and Food Worker Relief Program to farming communities around the state to distribute a one-time payment of $600 to farm workers for COVID-related health and safety costs.

Since March, the USDA has distributed more than $1,1 million to more than 1,900 farm workers in Florida.

“This is an awesome achievement that has had a positive impact on so many people’s lives,” said Laudi Campo, Florida state director for the Hispanic Federation of the federal program. “But we won’t stop there. Our goal is to reach 12,000 total workers, bringing a total of $7.2 million statewide.

“In difficult times, the community is strengthened through empathy and solidarity,” Campo told Plant City farm workers. “The Hispanic Federation is committed to standing by your side and working together to overcome challenges. Together we are stronger.”

Other Provisions Of Senate Bill 1718

In addition to the driver’s license restrictions, Senate Bill 1718:


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