New Florida’s Senate Bill 1718 will be introduced, supposedly, on July 1st of 2023, unless there is litigation resulting in protection.
There are people feeling worried about this new law, however, it is important to mention that it hasn’t come into life yet. Every time there is a new law so extreme as this one, which doesn’t comply with the US Constitution, they normally come accompanied by a lot of litigation around it, and potential lawsuits against the State trying to implement it.
Setting what happened in Arizona back in 2010 as an example, what ultimately happened when was introduced SB 1070, first, is that it gave the opportunity for a racist-and-tough-to-live-in atmosphere. Many people moved to cities such as Washington DC, given that racism was reinforced in that State in 2010.
Purpose of the law SB 1070
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The purpose of this law, which had similar elements to what is currently happening in Florida, is to make a felony the fact of not carrying documents that could demonstrate a legal migratory status. If you were an American citizen, you had to carry on documents that could demonstrate your citizenship; if you had a permanent residence, you had to carry on a copy of your residence card with you all the time; and it basically made it a felony to not carry documents.
That was the purpose of this law back in 2010 in Arizona state. It is also the purpose of this new Florida law; giving police and immigration officers the right to ask about someone’s migratory status if the officer suspects the person doesn’t carry documents, which is hard to tell just by looking. How to tell if a person with Hispanic, Latino, or Mexican looks, who doesn’t have Caucasian features, has documents or not? Looking back to Arizona’s 2010 atmosphere, at that point there was a non-quite-nice ambiance. Many citizens and residents were detained by immigration officers to be questioned about their migratory status. Ambiance became to be hard at that time.
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Having this in mind, it is shabby what is currently happening in Florida. In Arizona, SB 1017 never actually came fully into life, since when it was tried to be implemented, all the litigation against Arizona State started; litigation which can now go against Florida State.
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Using Arizona’s example, this litigation reached US Supreme Court. SB 1070 law never came into life. When litigation was started the day after the law was supposed to come into life, an order from an Arizona State Court came up, giving protection to this law in Arizona; so it never had any effect.
Ultimately, with the litigation, this Arizona State law reached the Supreme Court. The Supreme Court sentenced that several parts of this law, such as the part that makes it a felony not to carry documents at every moment and the part that gave police officers the right to stop a person if he/she suspected the person was not carrying documents to be legally in the US judging just by his/her looks, did not comply with US Constitution; and those parts never came into life. The only part of this law that came into life was the one that gave immigration officers the right to ask a person about his/her migratory status if the person was detained by immigration officers.
In this sense, it is not affirmed that this new law is not something to worry about. Oppositely, there should be worrying about this new law, which, supposedly, comes into life on July 1st of 2023.
Either way, Florida residents must know that, sometimes, when these new partially racist and unconstitutional laws come up, they often come accompanied by a lot of litigation.
There is the possibility of someone filling a lawsuit against Florida State, and that there is litigation around this topic. With litigation, protections often arise, which, basically, can block this new law and not let it come into life until there is a decision by a Court.
With this kind of law, it is not up to a decision just from a Florida State Federal Court. It can happen that reached different levels. It goes, primarily, to a Federal Court in Florida State, and then to an Appellation Court, sometimes even up to the Supreme Court in order for a decision to be made; which many people hope happens in the State of Florida.
This new law is something to worry about since it comes with migratory and criminal consequences that, before many people’s eyes, are cruel and can put many people at risk.
For instance, under this new law, which comes into life on July 1st of 2023, it is a felony to drive with another State driver’s license if not carrying documents that demonstrate a legal migratory status. For instance, if you are driving in the State of Florida with a driver’s license from another State and are living under illegal presence, this new law is supposed to nullify the effect of any driver’s license from another State, possibly implying charges for the person.
With this new law, it can be a felony to be in charge of people without documents in the State of Florida, either working at your home, as drivers of one of your vehicles, or living somewhere you own.
For example, if an American citizen has a family member who still does not have documents living with him/her if this new law comes into life on July 1st of 2023, it may imply a felony. If a person who still does not have documents gets sick and requires medical care, this new law will force hospitals to ask about the person’s migratory status.
There is no immigrant who takes the risk to enter the US illegally to come here and rest. All immigrants come to the US with the goal of improving their life quality and staying in the country to work nothing but hard. Many of them doing actual hard work.
Tickets and implications for companies who hire people living in the US without documents can be serious; from $1,000 USD for the first case, and $2,500 for the second. It will also require companies with over 25 employees to use a system called E-Verify.
There are just some of the consequences that this new law, which, again, supposedly comes into life on July 1st of the current year. It is a new law that can be considered racist, cruel, and unconstitutional. This kind of extremist and unconstitutional new laws, most times, come with a lot of litigation. There is the hope of litigation against the State of Florida stating soon, possibly first at a Federal Court in the State of Florida for, later on, if there hasn’t been a decision made, take the case to the Federal Appellation Court; and maybe even up to the Supreme Court of the United States.
This was the case back in 2010 in the State of Arizona, which had quite similar elements from this unconstitutional law which, supposedly, comes into life July 1st of 2023.
Those living in Florida who aren’t willing to move from city can be wondering what to do to protect their rights.
If there is the way to regularize your migratory status, it can be a good idea to overcome any fears, start moving in that direction and do everything possible to start migratory procedures. It can be the right moment to consult with an immigration attorney with experience that will fight for you.
There are several ways to become a legal immigrant. In our blog, we have articles dedicated to educating the immigrant community about the different migratory strategies, the different ways to get documents, and the different factors that can be used if having a US resident or American citizen spouse, or if having +21 years American citizen sons/daughters.
If you entered the country as the vast majority of immigrants, illegally, it doesn’t mean that there is no hope; nor that you must leave the country for an interview at Ciudad Juarez or your country of origin consulate. Despite having entered the country illegally, having several enters/exits, or having a previous deportation order; there are different ways to regularize migratory status.
It is important to understand your rights and the ways you have to become a legal immigrant.
If you were a victim of a crime in the US, were hurt, and called the police, this can give you a way to regularize your migratory status through the U Visa. There is also the T Visa, which applies to those who were victims of certain human trafficking crimes. When working in the US under unlawful presence, there can be employers and companies trying to take advantage of those without documents; falling into wrong practices such as not paying full or not paying extra hours. These kinds of practices are common examples. Also, if there is mistreatment, threats involving immigration or police officers, offenses, physical violence, or violence in general; being a victim of any of these can give the way to submit a T Visa application.
This situation with Title 42, which is about to come to an end, can make many people try to enter the US with “coyotes”, who can fall into problematic behavior. It frequently happens that coyotes start using their “power” to push people who trusted them into working in one way or another, even under extreme circumstances, cruels and for long.
The most important thing you can do to protect your rights if you live in the State of Florida, or if you live in any other State and are in the shadows, is to look for a way to become legal without leaving the US, in case is possible.
Reason for which, those living in the State of Florida, must have in mind that, given this new law, which is supposed to come into life July 1st of 2023, it is important to look for a way to regularize your migratory status if it’s still not being worked on, so as knowing your rights. Bear in mind that history suggests these new unconstitutional and racist laws come with a lot of litigation. There is the hope of, with litigation comes a protection that will block this law from coming into life.
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