While immigration laws are generally set at the federal level, Florida has taken a strict anti-immigration stance in local lawmaking. Here’s what you need to know about immigration laws in Jacksonville.
Who Is Covered by Immigration Laws in Jacksonville, FL?
All people in Jacksonville are subject to federal immigration laws. The most prominent law, the Immigration and Nationality Act, defines immigration policy throughout the country. Federal immigration law sets out immigration pathways, including:
- Naturalized citizenship
- Resident immigrants
- Conditional status immigrants
- Family-sponsored immigrants
- Refugees and asylum seekers
- Victims of crime or trafficking
The State of Florida has also adopted immigration laws that apply to Florida residents and visitors, many of which have gathered headlines for their staunch stance against immigration.
Immigrant Rights Under Florida Immigration Laws
Many states have adopted so-called sanctuary laws. These laws typically block local law enforcement from questioning an individual’s immigration status. Some states have also adopted laws intended to protect immigrants from discrimination and harassment.
Florida has taken a different approach. According to the Immigrant Legal Resource Center, Florida’s laws are amongst the most aggressive and comprehensive anti-sanctuary laws in the country. However, immigrants in Jacksonville retain constitutional rights afforded to all individuals in the U.S. Support for immigrant rights can be found through the Florida Immigrant Coalition.
Florida Laws That Impact Immigrants
In 2023, Florida enacted SB 1718, a sweeping bill that added and changed many parts of Florida laws. Here is a summary of the major points from the bill:
- ID restrictions. Created new statutes that ban county and municipality governments from funding the issuance of an identification card to a person who cannot prove they have a lawful presence in the country.
- Invalidated driver’s licenses. Makes a driver’s license issued to an undocumented immigrant by another state invalid in Florida.
- Hospital information collection. Requires all hospitals accepting Medicaid to ask on patient forms whether the patient is in the U.S. lawfully. No process is included for such form data to be reported to immigration authorities.
- Employment penalties. Increases employer penalties for knowingly employing an undocumented immigrant and makes it a third-degree felony for an employee to use false resident documents to gain employment.
- E-Verify expansion. Adds new requirements for employers to verify an employee’s work authorization within three business days of the employee starting work.
DACA lawyer admission. Repeals a prior Florida law that allowed individuals eligible under the federal government’s deferred action for childhood arrivals (DACA) immigration process to become licensed attorneys in Florida. - Transporting undocumented immigrants. Section 10 of the bill, and perhaps the most controversial, broadly makes it a criminal violation to transport someone that the transporter knows, or should have known, entered the U.S. illegally. Violations can be charged as felonies.
- Federal enforcement cooperation. Bans local governments from prohibiting cooperation between local law enforcement agencies and federal authorities.
- DNA database. Requires a person in law enforcement custody with an ICE hold on their record to provide a DNA sample.
SB 1718 has been challenged in legal actions by several groups, including the American Civil Liberty Union (ACLU) and the Southern Poverty Law Center. In May 2024, a federal judge issued an injunction temporarily blocking Section 10 of the bill from being enforced.
Filing Process for Immigration in Jacksonville, FL
There are many pathways available for immigrants seeking to come to Jacksonville. The most common include:
- Work visas
- Family sponsorship
- Student visas
- Investment
- Asylum
Each of these pathways has pros and cons. All can be time consuming and require you to navigate confusing technical requirements. Working with an immigration lawyer can help you decide the best pathway for your circumstances and ensure your documentation is filed correctly.