Are the SB 4-C criminal penalties for unlawful entry into Florida being enforced right now?

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.

Does SB 2-C or SB 4-C affect immigrants who are here legally on a visa or green card?

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.

Can I still get a Florida driver's license if I am undocumented?

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.

My employer uses E-Verify and I received a mismatch notice. What should I do?

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.

If local police stop me in Miami or Broward County, do I have to answer questions about my immigration status?

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.

Florida Immigration Law 2026: SB 2-C & SB 4-C in Miami

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. Fitenko Law.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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