Immigration law in Florida: Will it be illegal to transport undocumented immigrants in the state?
Florida’s recently implemented law targeting immigration will commence on July 1. The question arises: Will the transportation of undocumented immigrants become unlawful? Here, we present a comprehensive explanation.
Commencing on July 1, a novel immigration law known as S.B. 1718 will be enforced in Florida. Distinguished as the most stringent legislation of its kind in the United States, its reach extends to undocumented immigrants in various domains, including employment, identification, healthcare, and the transportation of immigrants lacking proper immigration status.
This contentious matter has generated perplexity regarding the interpretation of the law and its potential implications for transporting undocumented immigrants within the state, even when involving acquaintances, friends, or relatives. Our elucidation delineates the statutory provisions and their specific applications.
New immigration law in Florida: will it be illegal to transport undocumented immigrants?
Section 10. Section 787.07 of the aforementioned legislation, addressing the subject of “Trafficking in Persons,” articulates the following provision:
“An individual who knowingly and willfully transports an individual into this jurisdiction, being aware or having reasonable knowledge that the individual entered the United States in violation of the law and has not undergone inspection by the federal authorities subsequent to their unlawful entry from a foreign nation, shall be charged with a felony of the third degree, carrying potential punitive consequences.”
Within this particular segment, the law neither specifies nor distinguishes between family members. However, it does pertain to the conveyance of an undocumented migrant across state borders, whether originating from another state or country, that is, entering the jurisdiction. It is noteworthy, though, that the law does not encompass the transportation of undocumented immigrants already residing within the state.
As articulated by the Florida Immigrant Coalition, it will NOT be deemed an offense to transport an individual of unregulated status within the boundaries of Florida. For instance, activities such as grocery shopping, visiting a park, or attending a place of worship remain permissible, as long as they do not involve the entry into the state with an undocumented immigrant from another jurisdiction or nation.
Penalties for human trafficking
As for the charges, under the law, knowingly transporting an illegal immigrant into Florida will result in 5 years in prison and a $5,000 fine per offense. Transporting five or more illegal aliens, a single unaccompanied minor or a convicted smuggler will result in a $10,000 fine and a prison sentence of up to 15 years.
The legislation states that “a person commits a separate offense for each person that he or she transports into this state in violation of this section.” It further states that “a person who is arrested for a violation of this section must remain in custody until brought before the court to be admitted to pretrial release.”
Human smuggling will not be tolerated in Florida.
Knowingly transporting an illegal immigrant into Florida will result in 5 years in prison and a $5,000 fine per offense.
Transporting five or more illegal aliens, a single unaccompanied minor, or a convicted smuggler will result…
— Ron DeSantis (@GovRonDeSantis) May 10, 2023
For more details on the new immigration law, you can review the full text on the Florida Senate website. If you have any questions about your situation or how this law will affect you, we recommend that you consult with an attorney who specializes in the subject.
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