Immigration has existed throughout the history of humankind, and people have been moving out of their home countries for centuries. Some people move out to search for work or economic opportunities, join family or study. Others move out to escape conflict, persecution, terrorism or human rights violations. Caribbean people are no different. Because of their home states’ proximity to the United States, most Caribbean nationals seek to migrate to the United States and often populate states where they can create or join communities for ease and familiarity.

Florida is one such state where we see a strong presence of Caribbean and Hispanic communities, among other groups. In February 2023, the Florida Policy Institute reported that more than one in five residents in the state were immigrants, representing 2.48 million of Florida’s 4.3 million people. The institute reported that Jamaica is among the top five countries contributing significantly to Florida’s immigrant population.

We cannot deny the fact that some of these immigrants are illegal in the American system, and cannot ignore and must not ignore the new immigration Bill that will come into effect on July 1, 2023.

On May 10, 2023, Florida Governor Ron DeSantis signed into law a new immigration Bill, sending a strong message that the state will protect the state resources, their communities and families. This legislation comprises the following stipulations:

Private employers with 25 or more employees will need to adhere to the E-Verify system for new employees from July 1, 2023. The new Bill increases penalties for employers who fail to comply with E-Verify requirements. Those who employ illegal aliens knowingly may face suspension and revocation of their employer licences. If a covered employer fails to use the required E-Verify system three times in any period of two years, that employer will have to pay a fine of US$1,000 for each day of non-compliance starting from the date they failed to use the E-Verify system. The dates of non-compliance will be determined by the Department of Economic Opportunity (DEO.

The Bill does not allow for an employer to rely on the defence that the E-Verify system is unavailable.

These strict requirements and potential penalties may significantly affect the hiring practices of many employers in Florida. Additionally, if an unauthorised alien knowingly uses a false ID document to gain employment, the act will be classified as a third-degree felony. The new legislation will also prohibit a county or municipality from providing funds to any person or organisation for issuing IDs or other documents to illegal aliens.

• All licences of the employers at fault will be suspended until they provide proof of compliance. This mandate applies only to new employees; it does not apply to past hires or existing employees.

• Law enforcers will refuse to recognise the driver’s licences issued by another state to undocumented individuals who are unable to prove a lawful presence in the United States when the licences are issued.

California, Colorado, Connecticut, Delaware, New Jersey, New Mexico, New York state, and Washington, DC are among 16 US states where the Department of Motor Vehicles has been issuing driver’s licences to applicants regardless of their immigration status. Following the implementation of the new Bill, undocumented immigrants cannot drive in the state of Florida with this type of licence. If caught, such persons may be deported back to their home countries.

• A hospital that accepts Medicaid must collect patients’ immigration status at the time of registration or admission.

This stipulation in the Bill is not to refuse patient care because of one’s immigration status but for the state to determine how much it costs to provide care for people living in the country illegally. This will also demonstrate how people who do not have permanent legal status drain the resources of the hospitals that receive Medicaid.

In recent times, we have also seen that the US Embassy in Jamaica has been refusing to renew B1/B2 visas for Jamaican residents who enter the United States and give birth to babies without paying the required hospital fees for childbirth.

• While there have only been a few reported instances of an undocumented immigrant seeking admission to any state’s bar the states of California, Florida, Illinois, Nebraska, New York and Wyoming have all allow for admission of undocumented immigrants to be admitted to their state bars. However, this new Bill will repeal the regulation that allows undocumented immigrants to practise law in Florida.

• Currently, the law defines a human smuggler as any person who knowingly and wilfully transports an undocumented individual into the state and who knows or ‘reasonably should have [known]’ the individual’s immigration status. The new bill establishes criminal penalties for individuals who knowingly and wilfully transport an undocumented individual into the state.

• Often, friends and families make recreational or business trips, driving their motor vehicles down to Florida. The new bill will ensure that those who are being transported are documented. Failure to take necessary precautions may result in the deportation of undocumented immigrants and legal wrangling for legal residents.

Should you find yourself in any of the above situations, always seek legal advice from an immigration attorney.

By Venice Williams

Attorney-at-law/Partner

Lewis, Smith, Williams & Company

Email: vwilliams@lswlegal.com