Senate Bill SB 1718 was passed in 2023 and covers multiple policy areas targeting undocumented immigrants in the state. This started as a government proposal with all but one repeal making its way to the final bill regardless of the many suggestions and amendments that were proposed.
The law became effective on July 1 last year and has caused confusion and fear among healthcare providers, employers, and immigrants. Immigration attorney miami can help you get a deeper understanding of the laws in place and how they could affect you. Here are some notable things:
Hospitals won’t be required to reveal a person’s immigration status or not care for them
If a hospital accepts, Medicaid will be required to ask the emergency and admitted patients about their immigration status. However, the patient can share or decline to share this information. It is required that the hospitals inform patients that their immigration status doesn’t impact care and is not shared with the authorities. The patient can still decline to share even with this information in mind.
The hospital is required to share data regarding the number of patients they have served and the cost of the care extended quarterly. This data needs to be broken down into three categories:
- US citizen or lawfully present
- Not lawfully present
- Declined to give an answer
This data is reported collectively and without any information that could help identify anyone personally. If in doubt about the law, contact the best immigration lawyer Miami to shed more light on the matter.
Impact on undocumented workers and employers who give them jobs
There are two sections of the law affecting those working while undocumented or with no lawful status. The fists section punishes the employers and the workers. Undocumented workers who present false information to secure employment will have committed a 3rd-degree felony attracting five years imprisonment or a $5000 fine.
An employer who recruits or hires an undocumented worker knowingly will be penalized and probation of one year will be imposed on them. There may be other penalties for any other violation. You may need a criminal defense attorney if the violations are criminal in nature.
In the second section, employers with over 25 employees need to use the e-verify system. This system is internet-based and is operated by Homeland Security to make sure that all people hired are authorized to work in the country. If any current worker hired before the law came into effect is undocumented, the employer is required to fire them.
Ban on transporting undocumented immigrants into the state of Florida
The immigration law further bans anyone from transporting any undocumented immigrant into the state. If anyone transports someone they should have known or already know is an undocumented immigrant, he or she is guilty of a felony. Every person who is undocumented in such a case triggers a felony count. This could be second or third-degree based on the crime’s nature. Imprisonment and fines are a possible outcome of such actions.
A criminal defense lawyer Miami is the best person to offer representation in such a case since they have a clearer understanding of the law and what it means.
The new law doesn’t restrict local governments from passing identification laws
Local governments no longer fund community identification programs for those who are unable to prove that they are residents. Those who support the municipal ID or community programs have to find private funding to either continue or start new programs. However, this does not mean that localities cannot pass or use the existing programs.
Conclusion
The new Miami immigration law is wide and has major implications for immigrants who are undocumented and their employers. Violating this law can land you in trouble with the state and you may have to serve a sentence or pay a fine depending on the nature of the violation. For any other crimes and violations related or unrelated to immigration, it is always important to hire a lawyer to assist with the complex procedures and systems. Drug defense lawyers are the best for drug-related matters while a stand-your-ground lawyer comes in handy in cases involving violent crimes.
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