Global Courant
San Pedro Sula.
The hope that immigration specialists and civil rights defenders had that the anti-immigrant law SB 1718 would be repealed, before it entered into force this Saturday in the state of Florida, United States, vanished.
With this, Florida becomes as of today a hostile state against its population of 772,000 undocumented immigrants (according to calculations by the Migration Policy Institute study center).
The anxiety began on May 10, when Governor Ron DeSantis signed the law. Hundreds (there is talk of thousands) have already moved to other states with less aggressive measures.
However, not everything is lost or not everything is so extreme, say specialists consulted by this medium and other experts who have clarified the issue in Hispanic media.
The Constitution of the United States protects all people regardless of immigration status, there are civil and fundamental rights such as freedom of expression, freedom of worship, rights to privacy, protection against invasion or unjustified search of the home and, at the guarantee of equal protection.
Protection
Under SB 1718, anyone who transports someone who entered the United States illegally will be penalized with a five-year prison sentence or a $5,000 fine per person.
This measure, as LA PRENSA Premium learned, has generated a bit of fear among activists who planned to mobilize with undocumented immigrants.
However, experts point out that the undocumented can make use of the Fifth Amendment to the Constitution, which establishes the right to due process, that is, no person will be forced to testify against himself or be deprived of life, liberty or property without due process of law.
Lawyer Lily Maldonado, a Florida-based Honduran federal migration specialist, reinforces it this way: you are not required to reveal your immigration status, plus the crew of a vehicle have the right to remain silent.
Similarly, immigrants have the right to legal advice, according to the Sixth Amendment, which establishes that in all criminal proceedings the accused must have the assistance of a lawyer for their respective defense.
On the other hand, the Civil Rights Law of the United States includes protection for all persons, citizens, residents, tourists and immigrants, in addition to prohibiting discrimination based on race, skin color, religion, sex or nationality.
This regulation applies to any scenario, such as the academic part in the case of students, housing in the case of landlords, employment, among others.
There could be scenarios where immigrants face situations in which their rights may be violated.
For example, when stopped by police or Immigration and Customs Enforcement (ICE) officers, those involved have the right to remain silent and not give details about their immigration status unless the agents required for committing a crime.
So, if an agent asks about immigration status, what should be answered? “You don’t have to answer, you don’t have to let anyone into your house if you don’t have a search warrant signed by a judge or a police officer,” she replied in an interview. constitutional and immigration lawyer Ángel Leal the Univision channel.
“ “The damage is not only being suffered by the immigrant, the agricultural entrepreneurs are losing their crops and the construction industry is presenting serious problems” “
Orlando López, leader of the Francisco Morazán organization
Work and health care
The regulations also go against employers who have hired undocumented workers. Companies with more than 25 workers must verify the immigration status of their employees in the E-Verify system and penalize those who employ unauthorized foreigners.
Regarding labor rights, immigrants can participate in union organizations and organizations that protect the rights of workers, regardless of their status.
Similarly, workers have the right to minimum wage, overtime pay and a safe work environment.
“ ”I am concerned that our community lives in fear and that they cannot go to work or take their children to school, our economy depends on immigrants, from the farmer who grows our food, hotel workers, to big businessmen” “
Daniella Levine Cava, Mayor of Miami Dade
People who have a temporary residence permit for humanitarian reasons can work with the permit issued by the competent authority and be registered in the E-Verify program without any consequences, as long as the permit is valid.
The rule requires hospitals affiliated with Medicaid (a federal program to cover expenses for low-income or vulnerable people) to register the immigration status of patients, but the lawyer Saman Movassaghia migration specialist, clarifies in his explanatory videos that at no time should medical care be denied.
“It will not affect patient care and the data should not be used to inform the migration authorities (…) the intention is to make a quarterly report of expenses and services according to each category,” he clarified.
Immigrants are also protected from deceptive commercials through consumer protection laws at the state level and national practices.
For all tenants in Florida and the United States, landlords cannot ask for legal status as a measure of compliance with SB 1718; whoever does so may be sued for discriminatory issues.
Worry
In Florida, dozens of people have demonstrated in the last few hours under the slogan “We are all Florida”, demanding Republican Governor DeSantis to back down with his restrictive intentions.
“The damage is not only being suffered by the immigrant, the agricultural entrepreneurs are losing their crops and the construction industry is presenting serious problems. Fearing this law, people migrated to other states like Utah and Oregon,” emphasized Orlando López, leader of the Francisco Morazán organization.
Not only the immigrant community is concerned. Uncertainty is reflected in local authorities.
“I am concerned that our community lives in fear and that they cannot go to work or take their children to school, our economy depends on immigrants, from the farmer who grows our food, hotel workers, to big businessmen” Daniella Levine Cava, mayor of Miami Dade, where a large part of Hondurans live, concluded in a recent interview with a local media outlet.
The specialist Lily Maldonado makes the following recommendations in the event that a citizen carries an undocumented person with them.
1. Do not disclose your nationality even if you have a legal status, this will avoid exposing the rest of the companions.
2. If you feel harassed by him or the agents, remain silent, because it is your right.
3. All crew members in a vehicle, including the driver, have the right to remain silent.
4. If you feel threatened or afraid, ask to speak to a lawyer and make a phone call.
5. Have phone numbers handy and call the right person in case you are detained.
6. For no reason present false documents or those of another person.
