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New laws intensify harsh reality for Florida's undocumented community

A mother of four looks out the window from her apartment, Aug. 24, 2023, in Homestead, Fla. The Honduran native worked as a house painter shortly after arriving in the U.S. in 2021. Fear has forced many undocumented workers to leave the state following a new law signed by Florida Gov. Ron DeSantis.
Marta Lavandier/AP
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AP
A mother of four looks out the window from her apartment, Aug. 24, 2023, in Homestead, Fla. The Honduran native worked as a house painter shortly after arriving in the U.S. in 2021. Fear has forced many undocumented workers to leave the state following a new law signed by Florida Gov. Ron DeSantis.

A slate of bills aimed at curbing illegal immigration went into effect July 1.

They include enhancing criminal penalties for those who commit crimes after returning to the country from being deported; barring counties and municipalities from accepting IDs issued to undocumented individuals; and increasing penalties for driving without a license.

They're part of an ongoing effort by the Republican Gov. Ron DeSantis to crack down on illegal immigration and to "keep Floridians safe" from criminal activity.

But immigrant advocates, such as Thomas Kennedy with the Florida Immigrant Coalition (FLIC), said the laws were passed for "political purposes" rather than factual data correlating immigration with crime.

"It's a short-sighted, cruel law that was passed for political purposes because the governor at the time was running for president," said Kennedy.

Lower crime rates

Research has shown that undocumented immigrants "had substantially lower crime rates than native-born citizens and legal immigrants across a range of felony offenses," according to the U.S. Department of Justice.

The law enhancing criminal penalties for driving without a license intensifies the day-to-day risk the undocumented and their families face, according to Kennedy. It increases the amount of jail time violators can be charged with on the second offense from a maximum of 60 days to up to one year.

In Florida, undocumented immigrants are barred from obtaining a driver's license.

"We live in a state that doesn't have good public transportation. You have to drive to get to work, so people are in this perilous situation every day when they drive without a license," said Kennedy.

The changes in state law come as the immigrant community is still reeling from a sweeping anti-illegal immigration bill passed last year — SB 1718.

"There are a lot of people, unfortunately, that are not aware of these changes in the law, and it may be a surprise. I think creating awareness now is the most important thing to do." Jean Espinoza, Lakeland immigration lawyer
Jean Espinoza, Lakeland immigration lawyer

One of the provisions of the bill invalidates driver's licenses from states that do issue the IDs to undocumented immigrants.

The changes in state law are making it harder for undocumented individuals to live and support their families, according to Kennedy.

About 1.2 million unauthorized immigrants live in Florida, according to a recent Pew Research Center report. About 82,000 are living in the Tampa Bay region, according to the Migration Policy Institute.

But, Kennedy points out, the driver's license law doesn't apply to only undocumented immigrants. U.S. citizens who are unable to renew their licenses or have missed a car insurance payment, leading to the suspension of their license, are also at risk.

"We're not better off by creating a state that is just extremely hostile, discriminatory, persecutory and just, overall, an unpleasant place to live," Kennedy said.

Leaving the state

Lakeland immigration lawyer Jean Espinoza said he's witnessed people move out of the state because of these laws, particularly when SB 1718 first went into effect last year. Other parts of the law make it harder for employers to hire undocumented labor and classified driving undocumented individuals into the state as human smuggling (that part of the law is currently blocked by a federal judge).

Still, Espinoza said, many people "left out of fear of being exposed based on their immigration status."

University of South Florida sociology professor Elizabeth Aranda said she's heard similar stories from the immigrant community.

Aranda and her team of researchers are working on a survey set to publish this fall that looks at the effects of SB 1718. The preliminary results, according to Aranda, show that the new policies have led to family separation and increased psychological and emotional distress for immigrant families.

Espinoza said it's important to inform the immigrant community of the new laws, especially the change surrounding driving without a license.

"There are a lot of people, unfortunately, that are not aware of these changes in the law, and it may be a surprise. I think creating awareness now is the most important thing to do," Espinoza said.

Kennedy, from the Florida Immigrant Coalition, pointed out that increasing jail time for the driving violation heightens the risk for deportation for undocumented individuals.

The Florida Immigrant Coalition runs a hotline that provides support. That can be accessed through WhatsApp or by phone at 888-600-5762.

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Nancy Guan