Florida Immigration Law: where the first questions that deserve a slower answer changes how readers should frame the problem

Florida's immigration landscape shifted significantly with SB 1718, signed in May 2023 and effective July 1, 2023. The law mandated E-Verify for private employers with 25 or more employees, invalidated out-of-state driver's licenses issued to undocumented individuals (meaning those cards are not valid ID in Florida), required hospitals accepting Medicaid to ask about patients' immigration status, and made it a third-degree felony to "transport" an undocumented person into Florida if the person knows the individual entered the country illegally. The transportation provision was quickly challenged in federal court and partially blocked on preliminary injunction grounds.

E-Verify Requirements Under SB 1718

Effective July 1, 2023, Florida employers with 25 or more employees must use the federal E-Verify system to confirm the work authorization of all new hires. Agricultural employers and private households are exempt from some provisions. The Florida Department of Law Enforcement oversees compliance. An employer's first violation results in a fine and a 30-day probation; continued non-compliance can result in license suspension. The E-Verify mandate places Florida among the handful of states with mandatory private-employer E-Verify requirements.

Driver's Licenses and Florida Identification

Florida law does not allow undocumented residents to obtain a standard driver's license or Florida ID card. Florida is among the majority of states that have not enacted Green Light-style legislation. Under SB 1718, driver's licenses or identification cards issued by other states specifically for undocumented individuals are explicitly not recognized as valid identification in Florida — distinguishing these cards from standard out-of-state licenses issued to authorized residents.

Florida Criminal Convictions and Immigration Consequences

Federal immigration law applies in Florida just as in every state, but Florida's specific criminal code creates particular risks for non-citizens. Several Florida-specific issues to know:

• Adjudication withheld is not a federal "conviction" for many immigration purposes under Pino v. Landon principles, but this rule has evolved and the specific offense matters significantly — felony-level offenses with withheld adjudication may still trigger immigration consequences depending on the grounds of removal.
• Drug offenses: Florida's relatively low drug trafficking thresholds mean what appears to be a simple possession situation can result in a trafficking plea — which, even as withheld adjudication, is treated as an aggravated felony under federal immigration law, triggering mandatory deportation without discretionary relief.
• Domestic violence convictions in Florida (even misdemeanors) are deportable offenses under federal law and bar asylum applications and several forms of relief.
• DUI: A Florida DUI conviction is generally not a deportable offense by itself unless there is a finding of moral turpitude or it involves a crime of violence, but multiple DUIs or DUI with serious injury create more complicated immigration issues.

Special Immigrant Juvenile Status (SIJS) in Florida

Florida courts handle a significant volume of Special Immigrant Juvenile Status cases, particularly given Florida's large population of unaccompanied minors. SIJS requires a state court dependency or guardianship order finding that the child has been abused, abandoned, or neglected; that reunification with one or both parents is not viable; and that it is not in the child's best interest to return to their home country. Florida juvenile and probate courts regularly issue these orders, and Florida attorneys familiar with both state dependency law and federal immigration procedures are essential for SIJS cases.

DACA in Florida

DACA (Deferred Action for Childhood Arrivals) recipients can obtain Florida driver's licenses and work authorization documents. Florida issued guidance confirming DACA recipients are eligible for Florida state-issued IDs. However, SB 1718's requirement that hospitals inquire about immigration status — and the broader political climate — creates anxiety about the use of personal information. DACA renewals depend entirely on federal action; Florida provides no state-level DACA protections or alternatives.