Gov. DeSantis signed SB 2-C & SB 4-C in Feb 2025. SB 4-C's criminal penalties are currently blocked in court. Miami immigrants: know your rights.
This guide reflects the law and policy as of its publication date. U.S. immigration rules in this area can change quickly — confirm the current status with Fitenko Law PLLC at (305) 315-3425 or the official government source before you act.
On February 13, 2025, Governor Ron DeSantis signed two major immigration enforcement bills — Senate Bill 2-C and Senate Bill 4-C — into Florida law. Building on the framework established by SB 1718, these laws reshape how state agencies, local police, and employers interact with immigrants across Florida. Importantly, the two bills now stand on very different footing: most of SB 2-C is in effect, while SB 4-C's new state criminal penalties have been blocked by the federal courts and, as of June 2026, are not being enforced. If you live or work in Miami-Dade, Broward, or anywhere in South Florida, understanding this distinction matters — whether you are undocumented, hold a visa, are a green card holder, or are still waiting on your case.
SB 2-C is the broader enforcement bill, and most of its provisions are currently in effect. They touch several areas of daily life that are especially relevant to communities in Doral, Hialeah, Kendall, and Little Havana — areas with large Venezuelan, Cuban, Colombian, and Haitian immigrant populations.
SB 2-C restricts the ability of unauthorized immigrants to obtain Florida driver's licenses and state-issued ID cards. If you currently hold a license issued under a prior accommodation and your immigration status has changed, consult with an attorney about your eligibility before your next renewal. Driving without a valid license carries its own legal consequences that can compound immigration issues.
The law creates a new State Board of Immigration Enforcement, composed of the Governor, Attorney General, Chief Financial Officer, and Commissioner of Agriculture. This body oversees coordination between Florida agencies and federal immigration authorities. Its creation signals that immigration enforcement is now a standing institutional priority for the state — not just a policy preference of any one administration.
SB 2-C also establishes a Local Law Enforcement Immigration Grant Program. This is part of an immigration-enforcement appropriation exceeding $300 million statewide, with roughly $250 million administered through the State Board to help local agencies with hiring, training, detention costs, and equipment used to assist federal immigration enforcement. In practical terms, this means agencies in Miami-Dade County, Broward County, and elsewhere in South Florida can be funded and trained to cooperate with federal immigration authorities — not merely to refer cases, but to participate more actively.
SB 2-C incorporates immigration status into bail determinations and creates a statutory presumption that an unauthorized immigrant is a substantial flight risk. In practice, this presumption can make it significantly harder to secure release while awaiting proceedings. If someone in your family is arrested — even for a minor matter — immigration status can affect detention decisions, so contacting counsel quickly is important.
SB 4-C created new state-level criminal penalties for unauthorized entry and reentry into Florida, separate from federal immigration law. However, these criminal provisions are not in force. In April 2025, a federal judge (U.S. District Judge Kathleen Williams) blocked SB 4-C on the grounds that it likely violates the Supremacy Clause, because immigration enforcement is a federal responsibility. The Eleventh Circuit Court of Appeals declined to lift that block, and on July 9, 2025 the U.S. Supreme Court denied Florida's request to enforce the law while the appeal proceeds. As of June 2026, the injunction remains in effect and the state criminal entry/reentry penalties cannot be enforced.
Because the litigation is ongoing, it is worth understanding what the law says — in case enforcement is ever permitted. As written, SB 4-C would impose:
These would be state charges, separate from any federal immigration proceedings — but again, they are currently enjoined and not being prosecuted. The law also contained a related requirement that arrests be reported to federal authorities; that provision is part of the blocked statute. The status of this appeal can change, so anyone concerned about entry or reentry exposure should confirm the current state of the law with an attorney.
For communities in Aventura, Brickell, and North Miami, the key takeaway is this: do not assume you can be charged under SB 4-C today, but do stay informed, because the courts have not issued a final ruling.
Florida's employer E-Verify mandate, which took effect July 1, 2023, remains in force and continues to be enforced in 2026. Private employers with 25 or more employees must use the federal E-Verify system to confirm employment eligibility for new hires within three business days of their first day of work.
This matters for immigrant workers in several ways:
If your immigration status is in transition — for example, you have a pending adjustment of status, a pending DACA renewal, or an employment authorization document (EAD) renewal in process — keep documentation of your pending applications readily available and speak with an immigration attorney before issues arise at work.
The most significant on-the-ground change from SB 2-C is the funding and training of local law enforcement to cooperate with federal immigration enforcement. Here is what this means practically for South Florida immigrants as of June 2026:
Not everyone faces the same level of risk under these laws. Here is a quick framework for South Florida residents:
Face the highest direct exposure: driver's license restrictions, heightened bail risk under SB 2-C, and increased local-federal cooperation. (SB 4-C's state criminal entry/reentry charges are currently blocked, but federal immigration consequences still apply.) If you have not yet explored whether you qualify for any relief pathway — asylum, cancellation of removal, U visa, or family-based immigration — now is the time to do so. Options that seemed unavailable a few years ago may have changed.
Lawfully present immigrants — including H-1B, O-1, E-2, EB-5, and marriage-based green card applicants — are not the target of SB 4-C's entry/reentry provisions. However, the E-Verify requirements and the integration of local police into federal enforcement mean that any lapse in valid status, even a short one during a transition between statuses, carries more risk than it did before. Timely filing and proactive status maintenance are essential.
Permanent residents and U.S. citizens are not the target of these laws. However, green card holders can still be placed in removal proceedings for certain criminal convictions. If you have been a permanent resident for several years, this may be a good time to evaluate whether you qualify for citizenship — naturalization provides the strongest protection against deportation.
If you are in the Doral, Aventura, or Brickell areas and are uncertain about your current status or options, the attorneys at Fitenko Law PLLC are available for consultations in English and Russian.
Florida immigration enforcement is changing quickly, and parts of these laws — particularly SB 4-C — are tied up in ongoing litigation that could change their status. Given that uncertainty, there are concrete steps every immigrant in South Florida should take today:
Fitenko Law PLLC represents immigrants across Greater Miami and South Florida in family-based immigration, employment-based visas, investor visas, and citizenship matters. Attorney Ekaterina Fitenko, Esq. and the team at Fitenko Law PLLC, located at 600 Three Islands Blvd, Hallandale Beach, FL 33009, are available to help you understand your options under current Florida and federal law.
Call (305) 315-3425 today for a consultation. Do not wait until a crisis — understanding your position now gives you the most options.
No. As of June 2026, SB 4-C's new state criminal penalties for unlawful entry and reentry are blocked by a federal court injunction. A federal judge halted the law on Supremacy Clause grounds in 2025, the Eleventh Circuit declined to lift the block, and the U.S. Supreme Court denied Florida's request to enforce it while the appeal continues. Because the litigation is ongoing, the status could change — confirm the current state of the law with an immigration attorney before relying on it.
SB 4-C's criminal entry/reentry penalties target unlawful entry into Florida (and are currently blocked anyway), so they generally do not apply to lawfully present visa holders or permanent residents. However, all immigrants are affected by the increased cooperation between local police and federal immigration authorities funded by SB 2-C. Any arrest — even unrelated to immigration — can lead to immigration inquiries and information-sharing. Lawfully present immigrants should maintain valid documentation and consult an attorney if any criminal matter arises.
SB 2-C restricts driver's licenses and state ID cards for unauthorized immigrants, and this restriction is in effect. If your eligibility has changed due to the new law, you should speak with an immigration attorney to understand your options and avoid the additional legal consequences of driving without a valid license.
A Tentative Nonconfirmation (Mismatch) means your information did not match records at DHS or the Social Security Administration. You have the right to contest it and to be given an opportunity to resolve the discrepancy before any employment action is taken. Contact an immigration attorney immediately — many mismatches result from data errors rather than actual status problems, but the resolution window is short.
Under federal constitutional protections, you have the right to remain silent regarding your immigration status during a police encounter. You generally do not have to answer questions about where you were born or how you entered the country. State calmly that you are exercising your right to remain silent and wish to speak with an attorney. This right applies regardless of the new Florida laws.
This article is general information only, not legal advice, and does not create an attorney-client relationship. Florida immigration enforcement — including the SB 4-C litigation — is changing rapidly; consult a licensed immigration attorney for advice specific to your situation.
Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com