HILLSBOROUGH COUNTY, Fla. — Florida's controversial immigration law went into effect July 1. One of the many changes under that law has to do with driver's licenses for undocumented immigrants.
Connecticut, Delaware, Rhode Island, Hawaii and Vermont all issue special driver’s licenses to undocumented immigrants. Each license has a disclaimer highlighting it is a special privilege license and not for federal identification. Yet, under Florida's most recent immigration legislation, those licenses are considered invalid in the Sunshine State.
Diego Dulanto Falcon grew up undocumented in Florida before recently becoming a citizen. To him, Florida's latest immigration law is a step in the wrong direction.
"This sends a message to the entire community, sending waves of nothing but fear and tyranny,” he said.
Polk County Sheriff Grady Judd said law enforcement officers don’t create the law, but they do enforce it. Grady added that drivers would only face a fine if they are pulled over for another violation.
"We're not out here actively searching for people who have illegal driver's licenses from another state. If we come across those folks, we absolutely will enforce the law by writing a citation because that's what the law tells us to do,” Grady said.
Immigration attorney Renata Castro of the Castro Legal Group has already seen the fear of this new law.
"Individuals who have vacations booked for the state of Florida are afraid. They're mostly afraid of being deported,” she explained while cautioning against canceling travel plans. She said that the limited power of the law keeps Florida officials from doing anything outside of a fine.
"It is my suspicion that we will see a coalition of states challenging this law all the way to the Supreme Court,” Castro added.
While Florida has the right to refuse a license to a new resident... she said the state can't suspend a license from another state.
"How is the government going to disregard the power that those states have to issue licenses to their residents, and how will that be determined once these residents visit the state of Florida?" Castro questioned.
Despite the laws, Falcon isn't backing down. "We stand strong and stand firm on the fact that we do belong here, just like anybody else,” he added.
ABC Action News also reached out to several law enforcement agencies to find out how they plan to enforce the new laws rendering some out-of-state licenses being used by undocumented immigrants.
Here are their responses:
PASCO SHERIFF: As a law enforcement agency, the Pasco Sheriff’s Office is committed to following and enforcing the laws of the state of Florida. We enforce all laws as applicable. Additionally, the primary agency for traffic enforcement in our jurisdiction is the Florida Highway Patrol, who may be able to provide additional insight regarding your request.
POLK SHERIFF: The simple answer is that we will follow the law and we will cite any driver who we have an interaction with who provides one of those forms of ID as their only valid license.
HILLSBOROUGH SHERIFF: There is no direction in the bill that outlines enforcement. I can tell you not much changes for us, it is simply driving without a license and deputies will treat it as such.
ST. PETE POLICE: Our legal team is researching the practical application and will be briefing our officers.
HERNANDO SHERIFF: If we pull someone over, everything is evaluated at that time, including the driver’s license.
PINELLAS SHERIFF: Florida law is clear on this subject. If someone is operating a vehicle without a valid driver’s license, then we will handle enforcement as we do with all other like situations. Deputies retain discretion on a case-by-case basis whether to make an arrest, issue a citation, or issue a warning.
