Living in Fear: The Worst Legislative Attack on Immigrants Yet

Imagine not being able to drive your car, go to the hospital, or rent an apartment. Why? Because engaging in any of these normal daily activities is overshadowed by the constant fear that at any moment, you could be arrested, detained, and deported. For thousands of non-citizens in Florida, this is their new reality. As a result of Governor Ron DeSantis’s war on undocumented immigrants, non-citizens in the state are beginning to experience social ostracism and exclusion from every facet of society. Criminal charges against citizens who support undocumented individuals, such as a citizen who drives an undocumented immigrant friend into the state, are part of Florida’s new dragnet policies that instill fear in all people. 

Florida’s New Normal 

On April 10, 2023, The New York Times published an article titled "DeSantis Pushes Toughest Immigration Crackdown in the Nation" by Miriam Jordan. Broadly speaking, the article reports on the Florida Legislature's consideration of a package of immigration measures that would represent the toughest crackdown on undocumented immigration by any state in more than a decade. The bills (some of which were signed into law as of May 2023) are part of what Governor Ron DeSantis describes as a response to President Biden's “open borders agenda,” which he said has allowed an uncontrolled flow of immigrants to cross into the United States from Mexico. 

The bills would expose people to felony charges for sheltering, hiring, and transporting undocumented immigrants, punishable by up to five years in prison. Hospitals would be required to ask patients about their immigration status and report to the state. Additionally, the bill would invalidate out-of-state driver's licenses issued to undocumented immigrants. Further, the bills would eliminate in-state tuition for undocumented students, prevent undocumented law students from being admitted to the bar in Florida, and direct the Florida Department of Law Enforcement to provide assistance to federal authorities in enforcing the nation's immigration laws. Additional measures regarding employment, such as mandatory use of E-Verify and penalties for hiring undocumented workers, are also part of the new anti-immigrant legislative scheme. The proposed measures have sparked a heated debate, with supporters arguing that they are necessary to ensure that newcomers immigrate legally and follow the law, while critics warn that they will sow fear, promote racial profiling, and harm Florida's economy. 

The impacts on the immigrant population in Florida are severe, as the article notes, more than one in five Florida residents are immigrants, and 722,000 American citizens in the state live in households with one or more undocumented immigrants. The state has the highest number of pending immigration cases (nearly 300,000 in contrast to the next closest state with under 200,000). Furthermore, Florida’s economy relies heavily on immigrant workers—many of whom are undocumented—in sectors such as caregiving, agriculture, and tourism. The proposed legislation will impact one of the largest pockets of the immigrant population in the United States, in addition to negatively affecting documented community members in close contact with non-citizens.

In contrast to the harshness of Florida’s proposed legislation, the article notes a general trend towards more inclusive policies, particularly in unlikely states. Some Republican-led states have opened up social services to undocumented migrants more recently, such as Arizona’s adoption of in-state tuition for everyone who attends high school in the state, regardless of immigration status. In Utah, Governor Cox signed a law that extended health care to all low-income children in the state, regardless of citizenship status. Unfortunately, other conservative states, such as Texas, have taken an approach similar to Florida, and with the Presidential election looming, politicians such as Governor DeSantis are eager to gain political clout in preparation for the race. 

Criminalization 

The proposed measures would expose people to felony charges for sheltering, hiring, and transporting undocumented immigrants. This raises questions about the criminalization of immigration and the impact of such measures on immigrant communities and those who support them. Rather than pursuing high-priority immigration cases (such as those rendered deportable based on criminal activity or threats to national security), the state is expanding taxpayer resources on efforts to seek out and deport law-abiding undocumented immigrants. Additionally, the legislation takes it one step further and also punishes citizens who support these individuals, which calls into question the vagueness and arbitrary nature of the bill’s language. The bill charges a person with felony smuggling who transports into Florida someone they know or “reasonably should have known” is an immigrant who has not been "inspected" by authorities. But how is someone’s immigration status reasonably known without invoking some form of racial stereotyping and assumptions? This brings us to the next point about potential constitutional violations. 

Constitutional Issues

Because the Florida laws affect undocumented migrants who currently reside within the United States, they invoke violations of due process and equal protection. Particularly, section 10 of the bill criminalizes the transportation of individuals into Florida who may have entered the country without federal inspection. Enforcement of this portion could lead to racial profiling and discrimination against immigrants. 

The law's provisions regarding the invalidity of out-of-state ID cards could also lead to discrimination against immigrants and an increase in pretextual law enforcement interactions, as law enforcement is left to decide “who looks undocumented.” This provision could lead to unlawful arrest, prosecution, and harassment, and it may prevent families from visiting each other across state lines. The new legislation may also face constitutional challenges due to its vagueness, particularly because it fails to provide a reasonable person with fair notice of what acts are prohibited. The implications of such vague and discriminatory legislation not only undermine the very foundations of justice but also perpetuate an environment of distrust and fear within the community.

I Dissent! 

In the eyes of a future immigration lawyer, Florida’s new policies raise numerous concerns, including practical problems regarding implementation, Constitutional challenges, and severe economic consequences. Thus, I strongly disagree with the policies and their intended effects. 

To start, DeSantis’s assertion that these measures are a response to President Biden’s “open borders agenda” is a complete misrepresentation of the current administration’s immigration initiatives, which seek to provide a more humane alternative to Trump-era policies. This kind of divisive political rhetoric has prevented bipartisan solutions and cast immigrants as a catch-all scapegoat for economic and social issues. 

As a student myself, the proposal to eliminate in-state college tuition for undocumented students and DACA beneficiaries is particularly disturbing. Hindering non-citizens' access to education is part of a systematic effort to exclude certain demographics from upward mobility and relegate their social position and socioeconomic status as undeserving, second-class members of society. Education is a cornerstone of societal progress, and by limiting access to it, the state is perpetuating a cycle of inequality and limiting the contributions of future generations.

Unsurprisingly, the legislation already has a noticeable negative impact on the state. Following Hurricane Idalia, many of the undocumented migrants who normally cross state lines to help with cleanup were convinced to stay away, as the threat of deportation was too high to risk. This is just one of countless negative impacts on the state’s economy brought about by the new policies. The proposed measures also seem to overlook the significant contributions of immigrants to Florida's economy and society. As reported by NPR, the new immigration laws have raised concerns among businesses and even fellow Republicans about the potential negative impacts on the state's economy. The crackdown on businesses hiring undocumented workers—particularly the requirement that private employers with 25 or more employees must use E-Verify—could quickly lead to a shortage of labor, particularly in industries that heavily rely on immigrant workers. For example, Florida’s economy is heavily reliant on the tourism industry, which is significantly impacted by the new legislation. The provision in the House bill allows people to submit a complaint that a business may be hiring an undocumented person, which would create onerous verification processes for businesses in Florida and stifle economic development. 

The policies also deter normal, healthy decision-making and infringe on everyday necessities. Undocumented immigrants are discouraged from seeking medical care for fear of their status being shared with the state. As a result, non-citizens are more likely to avoid the doctor and wait until medical problems are severe. This has a perverse effect on the bill's alleged goal to reduce the costs spent on undocumented healthcare. By denying access to essential services, the state is not only depriving individuals of their fundamental rights but also hindering its own potential for growth and development. 

Ultimately, the DeSantis’s anti-immigrant agenda is a threat to non-citizens and citizens alike. The demonization of immigrants under the guise of political rhetoric is not only damaging but also divisive. By scapegoating a vulnerable population, policymakers are diverting attention from more pertinent issues and perpetuating an environment of hostility and distrust. Florida falls entirely short of critically examining the potential human rights abuses, practical complications, and negative economic impacts of these policies. As such, I find myself in complete disagreement with the proposed measures. It is crucial to approach immigration reform in a manner that respects human rights, acknowledges the contributions of immigrants, and considers the potential economic implications of any legislation. For a state that benefits so much from its immigrant population, Florida can do much better.