Florida E-Verify Law to Take Effect on July 1, 2023

As CAPS has routinely pointed out, one of the main incentives for illegal aliens to enter into the United States is the promise of employment opportunities. 

Illegal aliens are often paid under-the-table for jobs such as agricultural field labor, construction site manual labor, and the restaurant industry.

A solution to this problem is mandatory E-Verify, a program where employers can verify the immigration status of all employees.

CAPS has long advocated for mandatory E-verify as a way to significantly reduce illegal immigration. Visit: www.mandatoryeverify.org

While the federal government has failed to enact a mandatory E-verify program, lawmakers in Florida passed a new immigration bill that will require private employers with 25 or more employees to verify compliance with US work authorization regulations through the E-Verify system.

A write-up in JD Supra explains the ramifications of the new law in Florida.

On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718, which significantly impacts employers with operations in Florida. All U.S. employers, public and private, with over 25 employees in Florida must properly complete Form I-9 for each person they hire, regardless of whether the individual is a U.S. citizen, permanent resident, or non-citizen, as required by the Immigration Reform and Control Act of 1986 (IRCA). As of July 1, 2023, Senate Bill 1718 also imposes a mandatory requirement that these employers participate in the E-Verify System.

The U.S. Department of Homeland Security’s E-Verify System allows employers to electronically confirm employees’ eligibility to work in the U.S. Its use is not mandatory for most employers. However, voluntary and good faith use of E-Verify may protect employers from civil and criminal penalties for hiring undocumented workers. This can also be achieved through proper completion of I-9 Forms and related federally-mandated record keeping.