Florida State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect immigrants’ daily lives and the services they can access. It is essential for migrants, noncitizens, and asylum seekers processing their lawful immigration status to understand these rules.

This article explains Florida immigration laws. It includes the basic rights and responsibilities of immigrants, including those without documentation, in Florida. The information provided will help you understand important rights under state and federal immigration law. Learn about:

• Law enforcement and immigration in Florida
• The impact of Florida’s Senate Bill 1718
• Florida E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Educational restrictions
• Voting ID rules
• Housing laws and immigration
• How an immigration lawyer can help

Immigration laws are complex and constantly evolving. Consult an immigration attorney to understand available protections and get up-to-date legal information.

Law Enforcement and Immigration in Florida

The federal government often handles immigration law enforcement. The following federal government agencies administer immigration laws:

• The Department of Homeland Security (DHS)
• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Immigration and Customs Enforcement (ICE)

Local immigration authorities also work with the federal government to enforce immigration policies.

For instance, ICE implemented Section 287(g) of the Immigration and Nationality Act (INA). This program allows state and local law enforcement agencies to partner with ICE under a joint Memorandum of Agreement. This gives the state agencies delegated authority for immigration enforcement within their jurisdictions. ICE Enforcement and Removal Operations (ERO) partners with local agencies in identifying and removing incarcerated criminal non-U.S. citizens.

In the state of Florida, many county sheriff’s offices take part in this program. The complete list is on ICE’s 287(g) Program website.

ICE also operates the Criminal Apprehension Program (CAP). CAP emphasizes fighting against illegal immigration and the execution of ERO’s mission. It focuses on identifying, arresting, and removing incarcerated noncitizens. This includes at-large criminal non-U.S. citizens convicted of serious crimes. Immigration officials will then assess whether the person should be deported or removed.

The Impact of Florida’s Senate Bill 1718

Florida Gov. Ron DeSantis recently signed Senate Bill 1718 on July 1, 2023. It forced wide-encompassing regulations affecting immigrants without documentation. The following are some of the matters that the lawmakers implemented in this law:

• Issuance of identification documents
• Acquiring a driver’s license
• Access to healthcare services
• Verification of employment
• Practice of law
• Transportation of immigrants without documentation

Despite numerous challenges from civil rights and legal advocates, this law remains in effect as of 2026.

Employment and E-Verify Requirements

S.B. 1718 mandates businesses to implement the E-Verify system when hiring employees. The system checks an individual’s immigration status and employment authorization. This rule applies to public and private employers with 25 or more employees.

The bill also prohibits employers from continuing to employ immigrants without documentation after learning of their immigration status. It is also illegal for immigrants to use false IDs to gain employment.

Driver’s License and ID Requirements

S.B. 1718 Section 322.033 makes the driver’s licenses of immigrants without documentation invalid in the state of Florida. This rule applies regardless of the license’s validity in other states. Meanwhile, U.S. citizens and lawful permanent residents of Florida may apply for a driver’s license with the Florida Highway Safety and Motor Vehicles (FLHSMV).

The FLHSMV office requires applicants to bring identification documents when applying for a driver’s license. The documents may vary depending on the person’s immigration status. For U.S. Citizens, bring an original copy of one of the following:

• U.S. birth certificate
• Valid U.S. passport or passport card
• Consular report of birth abroad
• Certificate of naturalization
• Certificate of citizenship

For Immigrants or those with lawful permanent resident status:

• Valid alien registration card or green card
• I-551 stamp in passport or on I-94
• Order of the immigration judge granting asylum
• An original copy of the following documents with full name and Social Security number. This will include the following:
• Social Security Card
• W-2 Form
• SSAA-1099
• Paycheck or pay stub
• Any 1099 form
• Proofs of address
• Utility bill
• Florida vehicle registration or title
• Monthly mortgage statement/payment, deed, or resident rental or lease agreement
• Automobile payment booklet
• W-2 form or 1099 form
• Insurance policy

Visit the FLHSMV website to learn what to bring when applying for a driver’s license.

Public Benefits Restrictions

Florida limits immigrants without documentation access to social services and public benefits.

Also, Florida hospitals must collect immigration status when registering or admitting patients. The hospitals must submit quarterly reports about these data to the Agency of Health Care Administration. The Agency will give the governor and the legislature a detailed annual report.

Educational Restrictions for Immigrants

On June 9, 2014, Florida House Bill 851 (H.B. 851) was signed into law. This law allows certain immigrants living in Florida illegally to access in-state tuition rates. This benefit is also available to Deferred Action for Childhood Arrival (DACA) recipients. The undocumented student should file a waiver for out-of-state fees to use this educational benefit. But they must meet specific requirements to be eligible for this waiver. These requirements include:

• Studied at a secondary school in Florida for three consecutive years before graduation
• Enrolled in a public institution for higher education in Florida within 24 months after graduation from secondary school
• Submitted an official copy of their high school transcript as evidence of school attendance and graduation

Students without documentation who apply for the waiver can’t get state financial aid. You may visit this link to learn more about in-state tuition in Florida.

Recent DeSantis-proposed legislation would end in-state tuition for all immigrants without documentation if it passes.

Voter ID Rules

Florida requires voters to present a photo ID with a signature to polling officers. Voters who do not have an ID can cast a provisional ballot. Authorities must verify the voter’s eligibility by comparing the voter’s signature to those on file.

Housing Ordinances and Immigration

The state of Florida has its own Fair Housing Act. It uses the same language as the Federal Fair Housing Act. It ensures individuals’ right to fair housing, guarding them against discrimination based on religion, race, sex, national origin, and disability.

Undocumented Immigrants Can’t Practice Law

S.B. 1718 also removed the provision that allowed immigrants without documentation to obtain a license to practice law.

Transportation

The bill also states that those who transport immigrants without documentation into or within Florida or those who hide or shield immigrants living here illegally from detection may also face legal consequences.

How Can an Immigration Attorney Help?

Florida has more stringent immigration rules and regulations compared with other states. Thankfully, legal help is available. Immigration attorneys can help immigrants better understand their rights under federal and state law. They can also help immigrant communities get legal status or with other matters related to the immigration process. 

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Florida. Enter your city or ZIP code—whether you’re in Tallahassee, Miami, or another area—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.