How Florida Laws Offer Illegal Aliens A Way To Avoid Entrapment By E-Verify And Work As A Corporation Instead Of As An Employee And Thus Avoid Checks On Legal Status And Deportation.

Undocumented immigrants are increasingly forming Limited Liability Companies (LLCs) in Florida to create a legal mechanism for self-employment, allowing them to work and earn income while navigating stricter employment laws. Florida law allows anyone, regardless of citizenship status, to form an LLC, provided they have a registered agent and a physical address.

Work Authorization Loophole: Federal law prohibits employers from hiring undocumented individuals, but there is no specific law forbidding undocumented immigrants from creating their own company. Establishing an LLC allows individuals to operate as independent contractors.

Response to E-Verify Laws: Following the implementation of Florida SB 1718, which mandated E-Verify for many employers, undocumented workers have faced difficulty in traditional employment, leading them to pursue self-employment via LLCs to bypass these checks.

"Under the Table" Contracting: A personal LLC enables workers to invoice businesses for labor, bypassing the requirement for the hiring entity to verify the worker’s legal status, as they are contracting with another business rather than employing an individual.

Asset Protection & Financial Activity: LLCs permit individuals to obtain an Employer Identification Number (EIN) from the IRS using an Individual Taxpayer Identification Number (ITIN), which is necessary for opening business bank accounts.

Perceived Legal Protection: Some anecdotal evidence suggests that having business ties and property in the U.S. can strengthen a defense against deportation proceedings.

Online Business Formation Services: Many LLCs are established through online, automated platforms (such as "Sunbiz," Florida's official site) or specialized services that cater to international/foreign individuals.

These services often highlight that no Social Security Number (SSN) is required to form an LLC.

Immigration Lawyers and Advocates: In response to the 2023 Florida immigration laws, many immigrants began contacting lawyers and advocacy groups to find legal ways to stay and work, with some being advised to switch from employee to contractor status via an LLC.

"Immigrant Entrepreneur" Resources: Organizations focusing on immigrant entrepreneurship, such as Immigrants Rising, provide guides on how to form businesses without legal status.

Important Distinctions & Risks: Legal Status vs. Work Authorization: Although establishing an LLC is legal under Florida business law, it does not provide legal status to live in the U.S. or authorization to work, and the owner can still be deported.

Tax Obligations: Despite their status, owners of these LLCs are responsible for paying federal taxes on income generated.

Future Restrictions: Florida lawmakers have proposed legislation aimed at restricting or reviewing the licenses of non-citizens, which could impact the ability of undocumented individuals to operate under these structures.

I think that this is the way it worked for the illegal CDL driver who killed a man near my town a few weeks ago. He is an owner/operator of a very small trucking company. When he’s gotten into legal trouble, he’s dissolved that entity and opened another under a new name at the same address. He’s done this 7 times, to my understanding.

He had been ticketed for excessive speeding several times, most recently in
January, before he did it again; this time running a red light also, and killing an innocent person. My husband, my friends, or I could’ve been that innocent soul instead of Terry Schultz.

It happened on a main route that I drive several times a week, and that day, my husband would’ve been on that route at that time, but the doctor’s office changed his appointment to later in the day very suddenly. Hubby would’ve been returning at that time on that road if the office hadn’t called to reschedule. I still shudder about it.

(just simple-mindedly tried substituting california for florida, seemed to get even more loopholes in the result)

How California Laws Offer Illegal Aliens A Way To Avoid Entrapment By E-Verify And Work As A Corporation Instead Of As An Employee And Thus Avoid Checks On Legal Status And Deportation.

California laws provide robust labor protections for all workers regardless of immigration status, aimed at preventing employer retaliation and limiting the misuse of federal immigration enforcement tools. Key provisions, such as AB 622, limit the misuse of E-Verify, and other regulations prohibit employer threats to report employees to immigration, enforcing worker rights and providing legal protections.
California Department of Industrial Relations (.gov)

California Labor Protections and E-Verify Restrictions
E-Verify Misuse Penalties (AB 622): California law prohibits employers from using the federal E-Verify system to check the status of current employees or applicants before a legal offer of employment is made. Violations can result in penalties of $10,000 per violation.
Prohibition of Retaliation: Employers cannot threaten to report the immigration status of an employee, former employee, or their family members as a way to retaliate against them for exercising their labor rights (e.g., filing a wage claim).
Confidentiality of Records: Under California law, employers are prohibited from giving immigration agents access to employee records without a warrant or subpoena.
Limitations on Re-verification: Employers are restricted from demanding more or different documentation than required by federal law, which protects workers from preemptive screening.
California Department of Industrial Relations (.gov)

Structure of Worker Protections
No Mandatory E-Verify: California does not mandate the use of E-Verify for private employers, leaving it as a voluntary system in many cases, which limits its ubiquity.
Employee Rights Regardless of Status: The California Labor Commissioner holds that all workers, including undocumented immigrants, are entitled to protections against unpaid wages and unsafe working conditions, regardless of their authorization status.
Employer Obligations to Notify: If an employer is notified of an immigration inspection, they are required to inform employees.
California Department of Industrial Relations (.gov)

These legal mechanisms are designed to protect workers from discrimination and retaliation within the workplace, rather than creating a formal legal structure for individuals to bypass federal immigration laws by forming corporations.
California Labor Laws Protect Every Worker in the State, Regardless of Immigration Status | Davis Wright Tremaine
Jun 9, 2025 — The release also includes a chart summarizing some of the protective laws. These laws include: * Employers must timely notify empl...

Davis Wright Tremaine

California Labor Commissioner reminds all workers of legal rights ...
Jun 11, 2025 — Immigration-related threats in retaliation for exercising a right are unlawful. Employers cannot: Refuse to honor documents that a...

California Department of Industrial Relations (.gov)
California Labor Commissioner reminds employers of legal rights ...
Jun 9, 2025 — It is an adverse action when an employer reports or threatens to report the suspected immigration or citizenship status of an empl...

California Department of Industrial Relations (.gov)

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