Will they penalize Florida employers who have undocumented workers on their payroll?

Florida’s new immigration law, which will go into effect July 1, has raised a number of questions regarding employers who currently have undocumented workers on their payroll.

The legislation states that companies with more than 25 employees must verify the eligibility of new workers through an electronic verification system. However, doubts arise as to what will happen to unregistered employees who have already been hired.

What is required for verification through the electronic verification system?

As stipulated in the new law, verification through the electronic verification system applies only to new employees. However, employers are also prohibited from keeping unauthorized foreigners in their jobs once they are assured that they do not have documents.

Section 6 of the Act clearly states that “the employer shall verify the eligibility for employment of each new employee within 3 working days after the first day of employment.”

Exceptions for employers with fewer than twenty-five employees

José Guerrero, an attorney who specializes in immigration issues, explains that “employers with fewer than twenty-five employees are not required to use the electronic verification system, but they must complete an I-9 form. If the employer meets this requirement, it should not have any problems.” “.

It is important to note that the law does not require verification in the E-Verify system for employees hired before July 1, 2023. However, it does penalize employers who know they have undocumented workers and decide to keep them in their jobs.

Transfer of illegal immigrants: what does the law say?

Louis Victoria, another immigration lawyer, explains that “maybe those people who lack legal organization or legal documentation will have to go through the said procedure.” The new legislation, considered one of the toughest against illegal immigration in the country, will go into effect on July 1, 2023, implementing strong measures against illegal immigrants, including imposing penalties on those who transport migrants with irregular immigration status.

However, some confusion has arisen regarding the application of the new law and its impact on the transfer of illegal immigrants within the country, whether they are acquaintances, friends or relatives. Below is an explanation of what the law provides in this regard.

Will transporting illegal immigrants be illegal?

Under Section 787.07 of the Code, a person who “carries to the state an individual who he knows, or reasonably ought to know, has entered the United States illegally in violation of the law and has not been examined by the government.” His unlawful entry “commits a felony of the third degree.

It is important to note that this section of the law does not distinguish between relatives or not, but refers to the transfer of an undocumented immigrant across state lines from another state or country.