About This Report

This report describes Florida's immigration history, examines the legal questions raised by state intervention, tracks the proposed legislation in Florida, and offers insights and opinions from scholars, think tanks and advocacy groups on the impact of immigration - legal and illegal - on jobs and government services. The terms "illegal immigrants," "undocumented immigrants" and "unauthorized immigrants" are used interchangeably in the press and by advocacy groups. For purposes of this report, the term "unauthorized immigrants" is being used. In most cases, it defines those who entered the country illegally, or who remained in the United States beyond their authorized period. The intent of this report is to help Floridians understand the debate over the state's unauthorized immigrant population.

Read the news release.


Florida's Unauthorized Population

Of the roughly 10.8 million unauthorized immigrants living in the United States, the federal government estimates that 720,000 of them live in Florida. That ranks Florida's unauthorized immigrant population third among all states, according to those estimates, behind California with 2.6 million and Texas with 1.7 million.

To put that in percentages, Florida's unauthorized immigrant population represents roughly 4 percent of the state's total population (18.8 million); the unauthorized immigrant populations in California (pop. 37.4 million) and Texas (pop. 25.2 million), each represent 7 percent of those states' total population.

The numbers are far from exact. They are estimates calculated in 2009 by the U.S. Department of Homeland Security, which uses a formula based on the total foreign-born population in the country. Estimates by the nonprofit Pew Hispanic Center, an acknowledged authority on immigrant populations, are calculated with a different data source and vary from the federal estimates. A Pew report estimated Florida's unauthorized immigrant population in 2009 at 675,000 (45,000 less than the government estimate) and the country's at 11.1 million (300,000 more than the government estimate).

For purposes of this report, government estimates are being used unless otherwise stated. Based on those estimates, the nation's unauthorized immigrant population peaked in 2007 at 11.8 million. Since then, it has declined significantly for the first time in two decades. Between 2008 and 2009, the national unauthorized immigrant population declined 7 percent, from 11.6 million to 10.8 million.

In Florida, the story is similar. The number of unauthorized immigrants reached 970,000 in 2005 before a steep decline in 2008 to 840,000 and in 2009 to 720,000 as the state's economy worsened amid double-digit unemployment. In all, the state's unauthorized immigrant population decreased by about 25 percent between 2005 and 2009, with the majority of that decline coming in the last two years of the sample period. The downward trend is expected to continue for as long as the economic factors that drive job creation remain stagnant.

Even with the reported decline, however, the nation's unauthorized immigrants still accounted for 34 percent of its foreign-born population in 2009. And the total number of unauthorized immigrants in 2009 remained about 2.3 million more than the total at the beginning of the decade. Alarmed by those numbers, and awakened by the debate over parts of the immigration law adopted by Arizona in April 2010, legislators in two dozen states are expected to consider enacting immigration laws in 2011.

In a 2006 study, Pew said roughly half of the unauthorized immigrant population entered the country illegally by evading inspectors at border crossings, trekking across the Arizona desert, wading across the Rio Grande, "or otherwise eluding the U.S. Border Patrol." About 45 percent of the unauthorized population entered the country with visas allowing a visit for a specified time but stayed beyond that authorized period. Another 5 percent entered legally through Mexico with a Border Crossing Card allowing for short visits in the border region, but violated that agreement.

Pew also estimates that unauthorized workers represented 5.8 percent of the overall labor force in Florida in 2009 (compared with a 5.1 percent national average), and 3.7 percent of the state's total population (equal to the 3.7 percent national average). Their impact on the workplace, government services, the health care industry, crime and the tax base is often debated but impossible to calculate with exactitude.

Groups that advocate for stricter immigration laws, including possible deportation, say unauthorized immigrants cost local, state and federal governments billions of dollars, depress wages, and steal jobs from the unskilled labor force. Groups that advocate for legalization for unauthorized immigrants, in anticipation of comprehensive reform to immigration law, say immigrants have a positive impact on local, state and federal governments from the wages earned and spent.

Study results on the impacts of immigration vary. But a majority of economists agree that immigrants and U.S. employees do not compete for the same jobs, and that their presence benefits the overall economy and helps the bottom lines for companies that employ them. At the same time, states bear the costs associated with educating the children of unauthorized immigrants, and the costs of providing emergency health care and of incarcerating those who break the law. How much does that cost Florida? Again, study results vary. The federal government's analysis finds only a modest negative fiscal impact on states. Links to a broad array of studies using various data sets and methodologies can be found on these web pages. Read them, and decide for yourself.

On May 6, the last day of the 2011 session of the Florida Legislature, no immigration bill was passed. The Florida House had approved a bill, which the state Senate changed substantially and sent back to the House. The chambers were never able to agree on a single bill, and immigration legislation was not enacted. Legislators and analysts expected that the issue would not die, however, and other attempts at passing a state legislative bill are expected next year.


CONTINUE TO CHAPTER ONE: Florida's Immigration History

State of Reidence of the Unauthorized Immigrant Population: January 2009 and 2000


What They Are Saying

  • "Just like I get asked for my ID if I ever get a traffic ticket, they should be asked if they're legal or not. We have to make sure there is no racial profiling. It's got to be fair. We have to know who's in our state, especially people doing something wrong."
    Florida Gov. Rick Scott
  • "Conditions that existed to create an Arizona style law don't exist in the state of Florida. I would hate to see us, for the sake of politics, run into something that ultimately could cause harm to our business community."
    State Rep. Esteban Bovo (R-Hialeah)
  • "Except for the fact that we don't have a fence, how different are we from Arizona? The biggest challenge will be to overcome the false and misleading rhetoric concerning this issue, particularly the blatantly false allegation that this is racially motivated."
    State Rep. Will Snyder (R-Stuart)
  • "We need to find a way to help local law enforcement get rid of the criminal element without duplicating what they're doing in Arizona."
    State Sen. Mike Bennett (R-Brandenton)
  • "Many Latino leaders see this as a slap in the face to their communities that work, spend money, and create jobs in the state."
    Maria Rodriguez, executive director of Florida Immigrant Coalition
  • "Instead of turning Florida into a police state where racial profiling is standard operating procedure, legislators should work with members of Congress to fix our broken immigration system and leave the job of immigration enforcement to the federal government, as mandated by the Constitution."
    Statement from American Civil Liberties Union of Florida
  • "We're looking for legislation that won't unduly burden employers and is fair to employees. We also certainly don't want anything that will lead to boycotts or otherwise affect tourism."
    - Carol Dover, president and CEO of Florida Restaurant and Lodging Association
  • "They're stealing the American dream from somebody who wants to come to this country legally."
    Jack Oliver, legislative director for Floridians for immigration Enforcement
  • "It's critical that Florida protect its strong brand as a state that welcomes tourists, promotes international trade, and supplies much of the nation's fruits and vegetables. Florida must use caution with any immigration restrictions to help ensure we don't provoke an economic boycott or restrict economic growth."
    Adam Babington, vice president governmental affairs, Florida Chamber of Commerce

At A Glance

The issue: Immigration

Summary: Florida ranks third among all states in the number of unauthorized immigrants and state lawmakers are now considering measures to reduce those numbers.

Arguments for strict state laws: States bear the cost to educate the children of unauthorized immigrants, provide emergency health care, and house those arrested for committing crimes. Some studies have found unauthorized immigrants take jobs away from American workers and depress the wages for all workers by accepting lower pay. Too often, unauthorized immigrants are released from police custody without their immigration status being determined. New state laws can be passed that require or encourage local and state law enforcement officials to ask about the immigration status of someone they suspect of being in the country without authorization. Under these new laws, someone who fails to produce documents proving they are in the country legally could be charged with violating a state law and detained. Federal authorities could then be alerted to begin deportation proceedings. In addition to reducing the unauthorized population, these strict laws will discourage unauthorized immigrants from taking up residence in Florida and burdening the state with the costs associated with illegal immigration.

Arguments against strict state laws: The U.S. Constitution gives the federal government, not the states, the authority to set immigration policy. Allowing individual states to set policy will result in a patchwork of laws across the nation. Laws being considered in Florida and elsewhere will promote racial profiling and will require all residents and visitors to carry identification cards. Employers in the hospitality and agricultural industries will lose a steady stream of authorized immigrants to fill low-paying jobs American workers do not want. A number of studies show immigrants do not compete with American workers for jobs and that the wages earned are spent in the communities where those workers reside, benefiting the local tax base. The state's tourism and convention business will suffer as groups opposed to strict laws choose to go elsewhere. Taxpayers will be burdened with the legal fees associated with court challenges to the state laws.

Update

How We Got Here: Immigrants are crossing the border with impunity and Congress seems incapable of adopting reasonable reform. Frustrated by that inactivity, a number of states are taking matters into their own hands. Specifically, they are considering laws that direct local law enforcement officers to determine the immigration status of those suspected of being in the country illegally, that make it a state crime when someone fails to produce documents revealing their immigration status, and that require employers to use the federal government's E-Verify system to check the legal stats of prospective employees.

The Latest: On Nov. 24, 2010, state Sen. Mike Bennett (R-Bradenton) filed an immigration reform bill that would empower local and state law enforcement agencies to question those suspected of being in the country illegally, among other provisions (Bennett has since said he doesn't necessarily support all the measures in his bill; he only wants to start the conversation). On Jan. 4, shortly after taking office, Gov. Rick Scott signed an executive order requiring state agencies to use E-Verify, an internet-based system containing Department of Homeland Security and Social Security Administration records, when checking the status of state workers. On Jan. 25, the Florida Chamber of Commerce cautioned lawmakers to think twice before adopting legislation that has the potential to negatively impact the state's tourism and agriculture industries. On March 10, a House committee approved an "Arizona-lite" bill that would require police to check the immigration status of anyone under arrest or under criminal investigation. On March 11, Bennett filed notice he was withdrawing his bill for a less stringent Senate bill. At a hearing March 14 on a proposed Senate bill, committee members removed a requirement that employers use E-Verify and instead inserted language allowing employers to bypass E-Verify if they request certain documents such as a driver's license or passport before hiring new employees. On April 4, a Senate panel eased proposals that law enforcement be required to enter into agreements with federal immigration officials to enforce laws. On April 5, the Senate Judiciary Committee passed, with little debate, a softened bill that was criticized by both sides of the immigration debate. On May 3, the Senate rejected a proposed amendment to a bill that would have pressured employers to use E-Verify, a key component of the House bill. The rejection, with less than a week left in the 2011 regular Legislative session, likely dooms any chance for an immigration bill to be passed in Florida this year. On May 4, the Senate passed a bill with the watered-down E-Verify language that the House later refused to consider. On May 7, the Legislature adjourned without passing any immigration reform measures.

What's Next: Gov. Rick Scott told reporters he is disappointed immigration measures failed to pass this year and he vowed to work hard to pass a bill next year.

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