DeSantis’ Restrictive Anti-Immigration Laws Take Effect, As Supreme Court Says It’s Okay To Ban Speech Encouraging Illegal Immigration

A new wave of anti-immigration laws are set to take effect both nationally and in Florida, as the state Governor officially signed into law a new broad anti-immigration package, while the Supreme Court rules that it is permissible to prohibit speech that encourages illegal immigration.

Florida’s New Anti-Immigration

In May Florida Governor Ron DeSantis signed a bill in May would enforce one of the nation’s strictest anti-immigration law packages (CS/CS/SB 1718 – Immigration) in the country, instigating a new set of rules that are primed to crackdown immigrants illegally working and living in the state.

Adams and Reese LLP provides a succinct overview of the law, which are as follows:

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Here is everything you need to know about Florida’s Senate Bill 1718, the Immigration Bill. 

In February 2023, Governor Ron DeSantis proposed legislation that would suppress illegal immigration in the state of Florida. In April, the Florida Senate passed the resulting bill (SB 1718), and on May 2, the House followed suit. The bill is now ready for DeSantis to sign it into law. 

What the Immigration Bill calls for 

The legislation includes restrictions and severe penalties that are intended to hinder the flow of illegal immigrants into the state. It increases employment verification requirements, discourages citizens from transporting illegal immigrants, requires hospitals to report on costs related to treating them, and bans the Florida use of driver’s licenses issued to them in other states.

The bill includes almost every stipulation that DeSantis had asked for; one notable exception is the in-state tuition ban for immigrants’ children, which is not in the final legislation. 

• Employment rules: For some time, the federal E-verify system has applied only to public employers and contractors, but with this new bill, all companies with 25 or more employees must use E-Verify to ensure employment eligibility of their workers. Employers that fail to comply could lose their operating licenses. In addition, the legislation allows for random audits of companies suspected of employing undocumented workers.  
• Transportation limits: The bill calls for stronger criminal penalties for human smuggling, which includes helping people from other countries enter Florida. (The original proposal called for criminal charges against anyone transporting migrants within the state, but that section was rewritten.) 
• Healthcare requirements: Hospitals that receive federal and state Medicaid reimbursements will now be required to track and report the amount of money spent to care for illegal immigrants in their emergency rooms.  
• Driver’s licenses and other IDs: Non-citizens who have received driver’s licenses in other states will be barred from using them in Florida. Also, local governments will be prohibited from funding the creation of identification cards for illegal immigrants. 
• Education restrictions: DeSantis has hoped to repeal in-state tuition for “Dreamers,” the children of undocumented immigrants, but he did not have enough support in the state legislature. Lawmakers from both parties see access to higher education as a benefit for Florida’s overall economy. However, the bill does repeal a 2014 law that permitted undocumented immigrants to practice law in the state. 
• Unauthorized Alien Transport Program: The bill provides up to $12 million to fund the Unauthorized Alien Transport Program (part of the Division of Emergency Management). This program stemmed from DeSantis’s transportation of immigrants from Texas to Martha’s Vineyard last year. 

What the legislation means for Florida  

In December 2022 and January 2023, Florida experienced a substantial migrant influx when hundreds of Cuban and Haitian asylum seekers arrived by boat in the Florida Keys. The governor responded by activating the state national guard. 

DeSantis, who is expected to run for U.S. president in 2024, has pushed several anti-immigration measures while in office. Those began with his push to ban “sanctuary cities” and have culminated with this comprehensive bill.  

Supporters of the legislation believe the measures are necessary to protect Floridians from an immigrant invasion, while opponents consider the requirements cruel and excessive. 

With this new legislation, Florida businesses must be vigilant in their hiring practices and ensure they are following the E-Verify requirements. The new rules could heavily impact agriculture, hospitality and construction.  

In addition, those working in healthcare may experience a reluctance of undocumented immigrants to seek medical assistance as they may fear deportation.  

If you have questions about how the legislation will impact you or your company, do not hesitate to consult legal counsel. An experienced immigration attorney can advise you on hiring practices and other issues and help ensure you comply with the new requirements. 

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Supreme Court Rules On Immigration Speech

At the same time this Florida law begins to take effect, the Supreme Court has handed down their own verdict when it comes to illegal immigration in regards to the first amendment.

On June 23rd, the Supreme Court ruled that a U.S. law that bars encouraging illegal immigration for advantage or gain is lawful.

In other words, it’s acceptable to prohibit speech that encourages illegal immigration.

The law in question bans encouraging or inducing illegal immigration for “commercial advantage or private financial gain.”

After concluding that this statute criminalizes immigration advocacy and other protected speech, the Ninth Circuit held it unconstitutionally overbroad under the First Amendment. That was error.

Properly interpreted, this provision forbids only the intentional solicitation or facilitation of certain unlawful acts.

To the extent that clause (iv) reaches any speech, it stretches no further than speech integral to unlawful conduct.

Justice Amy Coney Barrett, a Trump appointee, wrote for the majority.

Barrett was joined in the 7–2 ruling by Justices John Roberts, Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch, and Brett Kavanaugh.

The Epoch Times explains how this law ever reached the Supreme Court for debate:

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A man named Helaman Hansen was convicted in 2017 by a jury in California of violating the law as well as committing wire fraud. He was sentenced to 20 years in prison.

According to evidence disclosed during the trial, Hansen from 2012 to 2016 sold memberships to a “migration program” that falsely promised people they could become U.S. citizens.

“A central feature of the program was the fraudulent claim that immigrant adults could achieve U.S. citizenship by being legally adopted by an American citizen and completing a list of additional tasks,” U.S. prosecutors said previously.

Not one of the approximately 500 people who paid Hansen as much as $10,000 became a citizen. Federal authorities had told Hansen as early as 2012 that aliens adopted after turning 16 could not obtain citizenship.

Hansen’s lawyers argued that the law infringes on rights conferred by the U.S. Constitution’s First Amendment so much that it should not apply to anyone.

A panel of the U.S. Court of Appeals for the Ninth Circuit in 2022, agreed, vacating the convictions for inducement.

It is clear that subsection (iv) covers a substantial amount of protected speech. Many commonplace statements and actions could be construed as encouraging or inducing an undocumented immigrant to come to or reside in the United States.

For example, the plain language of subsection (iv) covers knowingly telling an undocumented immigrant ‘I encourage you to reside in the United States.’

U.S. Circuit Court Judge Ronald Gould, a Clinton appointee, wrote for the majority.

U.S. Circuit Court Judge Daniel Collins, a Trump appointee, joined in the ruling while U.S. Circuit Court Judge Patrick Bumatay, another Trump appointee, dissented.

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AUTHOR COMMENTARY

Two main thoughts on this:

[43] The stranger that is within thee shall get up above thee very high; and thou shalt come down very low. [44] He shall lend to thee, and thou shalt not lend to him: he shall be the head, and thou shalt be the tail.

Deuteronomy 28:43-44

I’ve said many times before, that mass illegal immigration like this is a curse from God on a nation that has turned from the truth and righteousness. This is why the immigration problems just keeps getting worse and worse with no end in sight.

However their are problems that will arise because of the new laws and rulings put in place.

While the Supreme Court’s ruling just guarantees more loss of free speech and increased government oversight, Florida’s laws may prove to be costly. As much as I am against illegal immigration, I can also tell you that illegals make up a strong majority of workers in agriculture and farming, manufacturing plants, machine shops, and warehouses; construction and repair and unions, and so on. By implementing such a heavy-handed law, this may backfire and cause all kinds of shortages and delays and higher prices, allowing for then more government regulation to come down the pike.

One commentor on ZeroHedge thought the same as I do, in regards to the Supreme Court ruling, and while his post is acerbic the sentiment given I believe is correct:

I’m 100% anti immigration whether legal or illegal, we have far too many people in the US and the quality of life has suffered enormously because of it. 

That said, if we get rid of illegal immigration (or legal) we go into a full hyperinflation spiral almost overnight. And that said, I think that is what we’re gonna have to go into, the problem is that any president we are offered to vote for including, and especially Trump will use that as an opportunity to grow government and government power…

which will mean huge amounts of welfare and ‘make work’ programs that will feed the hyperinflation and we will quickly end up like Venezuela which is their plan… and all the little trumptard morons will still be making excuses for him, just as the uneducated slackjaw hillbillies in Venezuela constantly made excuses for Hugo Chavez…

It was always Americas fault… For trumptards it will be the democrat’s and China’s fault… Doesn’t matter, because this country left God and chose worldliness, it is going to suffer badly…

If they let the hyperinflation happen without welfare and without bailouts, it would correct itself into a very healthy and very needed deflationary spiral that will be painful as well but equally shortlived as it will very quickly create huge amounts of opportunities… But only if we do not sell those opportunities to foreigners… Otherwise it will just get worse and worse for Americans… Like a nightmare you can’t wake up from… 

By now, you’ve probably seen this trend with DeSantis, where this guy, who basically can pass whatever he wants unbridled because the state Senate and House are all heavily in his favor, is rapidly doing so much to increase the government’s power and oversight. This is what a DeSantis presidency would look like, in theory, judging by the sheer amount of bills broad stroke bills that increases the scale of the government.

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[7] Who goeth a warfare any time at his own charges? who planteth a vineyard, and eateth not of the fruit thereof? or who feedeth a flock, and eateth not of the milk of the flock? [8] Say I these things as a man? or saith not the law the same also? [9] For it is written in the law of Moses, Thou shalt not muzzle the mouth of the ox that treadeth out the corn. Doth God take care for oxen? [10] Or saith he it altogether for our sakes? For our sakes, no doubt, this is written: that he that ploweth should plow in hope; and that he that thresheth in hope should be partaker of his hope. (1 Corinthians 9:7-10).

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