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Thursday, September 10, 2026

How Florida's New Immigration Law Could Affect Workers ... - Mondaq News Alerts

Background

Recently, Governor Ron DeSantis signed Senate Bill 1718. Among its many implications, this Bill allows for criminal penalties and/or fines for employers who fail to adhere to the E-Verify system requirement for confirming the legal status of potential employees. It also imposes criminal (third degree felony) penalties on unauthorized aliens who knowingly provide false identification documents to secure employment. In addition, the Bill requires any hospital that accepts Medicaid to include a question about the patient's citizenship status on its admission/registration form. Why should this concern me as an employer or insurance carrier?

While viewed as purely an "immigration" bill, there is little question that this law will have a wide-reaching impact, including on workers' compensation claims.

There are certain industries with disparate hiring of undocumented workers. While some businesses may avoid such hiring practices due to Senate Bill 1718, others may seek ways to work around these newly imposed obligations.

Risks and Concerns for Employers That Continue to Hire Undocumented Workers

This scenario generates numerous logistical concerns. For example, if a business knowingly employs an undocumented worker who later gets injured, the business and the injured worker may attempt to avoid the workers' compensation system due to the penalties imposed by this Bill. The employer may not report the claim for fear that their hiring practices will be exposed; the...



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