Immigration Services

Navigating Your Path in a Changing Florida Legal Landscape

At Edwards & Edwards, P.A., we understand that immigration is about more than just paperwork—it is about families, security, and your future. Florida’s immigration laws have undergone dramatic changes recently, creating new challenges for residents and businesses alike. With over 65 years of combined experience, our family-operated firm provides the compassionate and strategic guidance you need to navigate these complex state and federal regulations.

Understanding Recent Florida Law Changes

Recent legislation, including Senate Bill 1718 and 2025 enforcement measures, has introduced strict new requirements that impact daily life in Florida. We are here to help you stay compliant and protected:

• Employment & E-Verify Compliance: Private employers with 25 or more employees are now required to use the federal E-Verify system to confirm work eligibility. Failure to comply can lead to daily fines of $1,000 and the potential loss of business licenses.
• Driver’s License Restrictions: Florida no longer recognizes certain out-of-state driver’s licenses issued to undocumented individuals. Driving with an invalid license can now lead to citations or further legal complications.
• Healthcare Reporting: Hospitals that accept Medicaid must now ask patients about their immigration status during admission. While you have the legal right to decline to answer, we can advise you on how to handle these inquiries while seeking necessary care.
• Transportation Penalties: Transporting an undocumented individual into Florida is now a felony under state "human smuggling" provisions. We provide critical defense and guidance for families and organizations affected by these expanded penalties.
• Enhanced Local Enforcement: Under new 2025 measures, local law enforcement in Jacksonville and throughout Florida has expanded authority to cooperate with federal immigration officials. This includes increased use of mobile fingerprinting and mandatory 287(g) agreements in all 67 counties.

Our Areas of Representation

• Family-Based Immigration: Keeping families together through sponsorships, fiancé visas, and adjustments of status.
• Naturalization & Citizenship: Guiding you through the final steps of becoming a U.S. citizen.
• Deportation & Removal Defense: Providing aggressive defense against new state-level criminal penalties and expedited removal efforts.
• Humanitarian Protections: Specialized support for Asylum, VAWA petitions, and U/T visas for victims of crime.
• Business Immigration: Helping Jacksonville entrepreneurs and workers navigate strict E-Verify mandates and work visa requirements.

Why Choose Edwards & Edwards, P.A.?

• Local Knowledge: We are a Jacksonville-based firm that understands how local ordinances and Florida state laws intersect with federal policy.
• Proactive Strategy: We don't just react to changes; we help you plan ahead to avoid the steep penalties introduced by recent legislation.
• Compassionate Advocacy: We treat our clients like family, providing honest communication during times of fear and uncertainty.

Protect your future and your family today. Contact us at (904) 454-4881 or visit our Jacksonville Office for a consultation on how these new Florida laws affect your specific situation.

Edwards & Edwards, P.A. that addresses the unique concerns of both Florida employers and job applicants.

Employer FAQ: Compliance & E-Verify Mandates

Which Florida employers are now required to use E-Verify?
Under SB 1718, all private employers in Florida with 25 or more employees must use the federal E-Verify system to confirm the work eligibility of new hires. Public employers and contractors were already subject to these requirements. Starting July 1, 2026, a new mandate is expected to expand this requirement to all private employers, regardless of size.

What are the penalties for non-compliance?
If the Florida Department of Commerce determines an employer failed to use E-Verify three times in any 24-month period, a mandatory fine of $1,000 per day will be imposed until the issue is cured. Additionally, non-compliance is grounds for the suspension or revocation of all state business licenses.

How long do I have to verify a new hire?
Employers must create an E-Verify case for each new employee no later than the third business day after they start work for pay.

Are there annual reporting requirements?
Yes. Covered employers must certify their E-Verify compliance on their first reemployment tax return each calendar year.

What happens if I receive a "Tentative Nonconfirmation" (mismatch)?
You must notify the employee and provide them with the opportunity to take action to resolve the mismatch with federal authorities. You cannot take adverse action against the employee while they are in the process of resolving this status.

Applicant & Employee FAQ: Rights & Readiness

What documents will I need to provide when applying for a job?
You must complete Form I-9 and present documents that establish both your identity and your authorization to work. While you can choose which documents to present from the Official List of Acceptable Documents (like a U.S. Passport or a combination of a Driver's License and Social Security Card), Florida law now mandates that any List B document you use must contain a photo.

Can an employer use E-Verify to "pre-screen" me before hiring?
No. Federal and state law prohibits employers from using E-Verify to screen job applicants before an offer of employment has been made and accepted.

How do recent Florida laws affect my driver's license for work?
Florida no longer recognizes certain out-of-state driver's licenses issued exclusively to undocumented individuals. If your license is from one of these states, it may be considered invalid for driving in Florida, which can impact jobs requiring transportation.

What should I do if I get an E-Verify "mismatch" notice?
Don't panic. A mismatch often occurs due to clerical errors or outdated records. You have 10 federal government working days to tell your employer if you intend to contest the result, and your employer is legally barred from firing you or reducing your hours while you resolve the issue.

Is my information safe in the E-Verify system?
E-Verify is managed by the Department of Homeland Security (DHS) and the Social Security Administration (SSA). Employers are legally required to safeguard all personally identifiable information entered into the system. 

Florida Employer Immigration Compliance Audit Checklist

Is Your Business Ready for a Florida Department of Commerce Audit?

Under Florida Statutes § 448.095 (SB 1718), businesses with 25 or more employees face significant penalties for non-compliance, including fines of $1,000 per day and the potential loss of all state business licenses. Use this checklist to conduct an internal "stress test" of your current hiring and verification processes. 

Phase 1: Enrollment & Certification

• E-Verify Enrollment: Confirm your business is officially enrolled in the federal E-Verify system.
• Memorandum of Understanding (MOU): Maintain a signed copy of your E-Verify MOU on file.
• Annual Certification: Ensure you have certified compliance on your first reemployment tax return (Form RT-6) of the current calendar year. 

Phase 2: The "3-Day" Hiring Rule

• Section 1 Completion: Verify every new hire completed Section 1 of Form I-9 on or before their first day of work for pay.
• Section 2 & E-Verify Case: Confirm that both Section 2 of Form I-9 and the corresponding E-Verify case were completed within 3 business days of the employee's start date.
• System Outage Documentation: If E-Verify was unavailable during the 3-day window, do you have dated screenshots or official notices proving the outage?. 

Phase 3: Document Retention & Accuracy

• The "3-Year" Rule: Are you retaining all E-Verify documentation (including the official verification result) for at least 3 years after the initial hire date?.
• I-9/E-Verify Data Match: Does the hire date entered in E-Verify exactly match the date entered in the Certification block of Section 2 of Form I-9?.
• Acceptable Documents: Ensure you are only accepting original, unexpired documents from the Official List of Acceptable Documents.
  • Note: In Florida, any "List B" document used must contain a photograph. 

Phase 4: Managing Discrepancies

• TNC Protocol: Do you have a written process for handling Tentative Nonconfirmations (mismatches) that includes notifying the employee and allowing them 10 days to contest?.
• No Pre-Screening: Verify that E-Verify is never used to screen applicants before a job offer is accepted.
• Knowledge-Based Termination: Do you have a protocol for immediately terminating any employee if you obtain "actual knowledge" they lack work authorization?. 

Phase 5: Self-Audit Prep

• E-Verify Quick Audit Report: Can your HR team generate a Microsoft Excel Quick Audit Report covering all new hires since July 1, 2024? (This is the first document the state typically requests).
• Correction Procedures: If errors are found, are they being corrected according to USCIS/ICE guidelines (initialing and dating changes, never backdating)?.