Immigration is a topic of debate that has polarized America since the enactment of the Immigration Act of 1882.[i] In the years of early legislation, issues of contagious diseases, crime, and insurgency permeated the nation.[ii] This not only marked the inception of stigmas associated with modern-day illegal immigration but also caused an even bigger rift between political ideologies. Consequently, the nuances of what is known to be Senate Bill 1718[iii] are reflective of an aggressive effort to keep illegal immigration at bay. However, Governor Ron DeSantis’s attempt to countervail the federal government’s current border policies[iv] is not only likely to wreak havoc in Florida but also likely to interfere with the U.S. Constitution.

More simply–– SB 1718 essentially encroaches on the day-to-day lives of illegal immigrants and those around them.[v] Beginning with transportation, this bill makes it illegal to transport any undocumented individual from outside the state of Florida if the federal government has not inspected them since their unlawful entry. This offense is punishable by up to 15 years without consideration of the relationship between the driver and the passenger. Moreover, this law not only invalidates out-of-state government ID cards issued to illegal aliens, but it also prohibits local governments from providing funds for community IDs. In terms of healthcare, hospitals must now ask whether a patient is legally present in the country. Despite these restrictions, the one that will presumably have the most glaring impact is the mandatory use of E-Verify, which intends to determine work eligibility based on the individual’s legal status.

“[F]lorida sent a strong message that as a state, we will protect our resources, communities, and families.”[vi] Coming from one of the Florida State Representatives, Kiyan Michael, this statement holds a bit of irony because of the bill’s implications. For instance, the criminalization of traveling across state lines with undocumented people can present a grave issue due to the lack of exceptions. People traveling with family members or friends who are illegal immigrants could be labeled as “human smugglers” and not only sent to prison for up to 15 years but also have a third-degree felony on their record. Even non-profit services and faith-based organizations that help certain communities are at risk. Recently, legal organizations Southern Poverty, Americans Immigrant Justice, ACLU of Florida, American Civil Liberties Union, and American Immigration Council filed a federal lawsuit claiming that it is unconstitutional to unilaterally regulate federal immigration and deprive people subjected to criminal punishment of fair notice. They are also claiming that the use of the word “inspection” is “unconstitutionally vague” and “incoherent”.[vii] Unfortunately, the state of Florida seeks to “protect” its communities but at the expense of other people’s grievances.

Now, another significant impact is the restriction on identification. The Florida Department of Highway Safety and Motor Vehicles has published a list of invalid out-of-state licenses. Hence, if an undocumented individual gets pulled over with one of these licenses, a criminal traffic citation will be issued, potentially resulting in a written notice to appear in court or an arrest. This essentially bars an illegal alien with an out-of-state license from operating a vehicle in Florida. Not only that, but the prohibition on Community ID funding indicates that local governments that have never provided funding are now barred from ever using local legislation to fund Community ID cards. This makes it even more difficult for vulnerable groups who struggle to obtain a state or federal ID to access services requiring identification. Specifically, the services range from opening bank accounts to accessing medical care, which can play an intricate role in a person’s daily life. Indeed, IDs provide a sense of dignity and belonging to individuals who possess them.

As for healthcare, hospitals are not only required to ask about an individual’s legal status on registration/admission forms, but they must also provide a report to the Agency Health Care Administration that stipulates the number of patients who visited in each category of the citizen status question. Although people are not required to answer these questions, it generates a sense of fear in undocumented persons who are uninformed because of the implications associated with these questions. Illegal immigrants are thus deterred from going to the hospital until they absolutely need to. For some, this may not be a pertinent issue, but for others, it can mean the difference between life and death.

Above all, SB 1718 mandates that employers with 25 or more employees utilize an electronic system known as E-Verify to identify new workers who may be undocumented. If E-Verify is unavailable at the time of hiring, then the company may use the government-issued I-9 form. However, they must document the unavailability of the system as required by the law. The ramifications of failing to comply with this requirement three or more times include a suspension and revocation of all licenses and a fine of $1,000 per day until the non-compliance is cured. Public agencies must also ensure that their contractors and subcontractors comply with the provision. In instances where the agency has a “good faith belief” that the contracting entity knowingly employs illegal aliens, the public agency has a right to terminate the contract.

The adverse effects this will have on Florida’s economy and real estate market are already evident through the shortage of workers in the construction industry. Specifically, this shortage is causing a delay in project completion, which disincentivizes private lenders and banks from funding construction. Hence, with less residential and commercial real estate development, Florida is bound to spiral into a recession soon enough. Not only that but Florida’s agriculture and service industries[viii] will also be affected because a vast majority of its workers consist of undocumented people. This then introduces a dire issue to the state, where there is already a pre-existing labor shortage and low employment rate.[ix] The effects on the labor-intensive sectors of the economy could lead to a drop of $12.6 billion in the state’s GDP in a year. With vacant construction sites, rotting fruit and vegetable fields, and empty restaurants, the trajectory of Florida’s economy is fatal.

Equally important, the constitutionality of this bill is a glaring issue. Although the U.S. Constitution does not expressly mention immigration, it does confer authority upon Congress to regulate naturalization under Article 1, Section 8.[x] As a result, United States Supreme Court precedent recognizes Congress’s “plenary” power over immigration, giving it near-complete control in determining the entry and stay of foreigners in the United States. Considering this, Florida may be treading on this system of federalism by unilaterally regulating federal immigration and violating the right to due process of those being subjected to criminal punishment. The federal government’s power over immigration is rooted in national sovereignty and is, therefore, what allows the nation to preserve its identity. To have an unequal application of the law is to become entangled with the Constitution.

Overall, aside from the political quarrel in favor or against this new legislation, the most critical aspect of this issue is the lives of the people. This looming threat that now pervades the state of Florida will not only affect undocumented aliens but also harm its very own legal residents. With this ambitious attempt to “safeguard” Floridians, Governor DeSantis is not only causing detriment to their everyday lives but also interfering with a system that gives them representation. Although the question of immigration is incredibly intricate, imposing harsh policies can ultimately be a recipe for disaster.

[i] See Chinese Exclusion Act (1882), Nat’l Archives, https://www.archives.gov/milestone-documents/chinese-exclusion-act, (last visited Sept. 7, 2023).

[ii] See D’vera Cohn, How U.S. immigration laws and rules have changed through history, Pew Rsch. Ctr., (Sept. 30, 2015), https://www.pewresearch.org/short-reads/2015/09/30/how-u-s-immigration-laws-and-rules-have-changed-through-history/.

[iii] See S.B. 1718, 2022 Leg., Reg. Sess. (Fl. 2023).

[iv] See Governor Ron DeSantis Signs Strongest Anti-Illegal Immigration Legislation in the Country to Combat Biden’s Border Crisis, Fla. Gov., (May 10, 2023), https://www.flgov.com/2023/05/10/governor-ron-desantis-signs-strongest-anti-illegal-immigration-legislation-in-the-country-to-combat-bidens-border-crisis/.

[v] See generally, WHAT DOES FLORIDA’S SB 1718 DO?, ACLU of Fla., https://www.aclufl.org/en/what-does-sb1718-do# (last visited Sept. 8, 2023).

[vi] Cohn, supra note ii.

[vii] See Groups File Motion in Lawsuit to Block Florida’s Anti-Immigrant Law SB 1718, Am. Immigr. Council, (Aug. 8, 2023), https://www.americanimmigrationcouncil.org/news/groups-file-motion-lawsuit-block-florida%E2%80%99s-anti-immigrant-law-sb-1718.

[viii] See Jade Jarvis, Local businesses losing workers due to new Florida immigration law, WPBF, (May 18, 2023), https://www.wpbf.com/article/businesses-losing-workers-florida-immigration-law/43922818#.

[ix] See Vanessa Romo, Why Florida’s new immigration law is troubling businesses and workers alike, NPR, (May 30, 2023), https://www.npr.org/2023/05/30/1177657218/florida-anti-immigration-law-1718-desantis.

[x] See U.S. Const. art. I, § 8, cl. 4.