A federal judge in North Dakota has ruled that young adult immigrants known as “Dreamers” in 19 U.S. states, including Florida, will be temporarily blocked from accessing health insurance through the Affordable Care Act's public marketplace. This decision is in response to a lawsuit filed by Republican attorneys general who argued that the Biden administration's policy could incentivize illegal immigration and impose costs on states. The ruling is seen as a setback to efforts aimed at helping immigrants brought to the U.S. illegally as children, affecting an estimated 147,000 individuals. The case will proceed to trial, and both sides of the debate are preparing for further legal action.

Florida's Anti-Immigration Law

What does SB 1718 do?

This law significantly impacts undocumented immigrants in Florida. Key provisions include:  

• Criminalizing Human Smuggling: The law broadens the definition of human smuggling, making it a felony to transport undocumented immigrants into the state. 

  1. This section is was being enforced againsts people found driving an undocumented immigrant across state lines into florida. Currently, there is a lawsuite challenging this section of the law and a stay has been issued by the judge while the lawsuite is ongoing, therefore the state cannot enforce it at this time. 

  2. It's a third-degree felony to knowingly and willfully transport into the state of Florida, an individual whom the person knows, or reasonably should know "has entered the U.S. in violation of the law and has not been inspected by the federal Government since his or her unlawful entry." (this does not include transport within the state, consealing,harbering, or sheilding from detection a undocumented individuals)

     • Other charges Floridians Face under SB 1718

• Restricting Out-of-State Driver's Licenses: It invalidates driver's licenses issued to undocumented immigrants by other states.  

  1. Currently, Florida is enforcing this provision against undocumented individuals with Delaware or Connecticut driver's licenses. However, the enforcement may expand to include licenses from other states. We recommend that you visit Florida DMV website to ensure before traveling to Florida. 

  2. Driving with an invalid driver's license could result in a second-degree misdemeanor punishable by up to 60 days in jail and a fine up to $500. 

• E-Verify Expansion: It mandates that businesses with 25 or more employees use E-Verify, a federal system that checks the employment eligibility of new hires.  

  1. It's a third-degree felony to use false ID or someone else's ID to obtain employment.

  2. Imposes a $1,000 per day fine for non-compliant employers.

  3. If your employer erroneously refuse to hire you or dismiss you from your work based on inaccurate E-Verify results, you can seek help by calling the Department of Justice Immigrant and Employee Rights Section Hotline: 1-800-255-7688

• Public Benefits Restrictions: It limits eligibility for certain public benefits, such as Medicaid and food assistance programs, for undocumented immigrants.  

• Increased Enforcement: It increases cooperation between state and federal law enforcement agencies to enforce immigration laws.

• Prohibiting Local Funding for ID Cards: It prevents local governments from funding the issuance of identification cards to undocumented immigrants.

• Data Collection on Hospital Admissions: It requires hospitals that receives Medicaid to collect information on the immigration status of patients.

  1. Patients can decline to answer any questions pertaining to immigration status, under this law. 

     • Information on how to Decline to answer.

  2. HIPAA - Hospitals should not be disclosing paitents' identifiers in their reporting. 

RESOURCES

Florida Medicaid provides health insurance coverage to low-income individuals and families. While undocumented immigrants are generally ineligible for Medicaid, there are a few exceptions:

• Emergency Medicaid: This program covers the cost of emergency medical services for undocumented immigrants.

• Children: Undocumented children under the age of 18 may be eligible for Medicaid.

Recently, Florida has implemented new laws that have implications for undocumented immigrants seeking medical care:, requiring hospitals in Florida to ask patients about their immigration status.

Undocumented Immigrants Contribute Significantly to Florida's Tax Base

Undocumented immigrants in Florida paid $1.8 billion in state and local taxes in 2022, making the state fourth in the nation for tax revenue collected from this group. Nationwide, undocumented immigrants contributed $96.7 billion in federal, state, and local taxes in 2022. Despite their tax contributions, undocumented immigrants are largely barred from accessing public benefits, such as Medicaid and SNAP. The Florida Policy Institute argues that anti-immigrant policies like SB 1718 negatively impact the state's economy by pushing undocumented individuals out of the workforce. The ITEP report suggests that granting legal work authorization to undocumented immigrants could increase their tax contributions by $40.2 billion nationwide, including $154.3 million in Florida.