Citing the federal government's authority over immigration matters, a U.S. district judge temporarily halted a new Florida statute intended to target unauthorized immigrants on Friday.
Judge Kathleen Williams of Miami has issued a 14-page ruling that grants a request for a temporary restraining order against the legislation. This law was approved in February by Florida’s Republican-led legislature and Governor Ron DeSantis.
The law created state crimes for undocumented immigrants who enter or re-enter Florida. Williams issued the temporary restraining order two days after the Florida Immigrant Coalition, the Farmworker Association of Florida and two individual plaintiffs filed the lawsuit alleging, in part, that the law violates what is known as the Supremacy Clause of the U.S. Constitution because immigration enforcement is a federal responsibility.
Williams stated that the plaintiffs "convincingly argue" that SB 4-C (the legislation) infringes upon the federal government’s authority over immigration matters. She further highlighted aspects of the law, including provisions mandating a nine-month jail term for individuals found guilty of unlawful entry into the state, with increased penalties for repeat offenses.
Firstly, this legislation grants state authorities the power to pursue charges of unlawful entry or re-entry even when federal agents might opt against doing so," the judge noted. "In instances where federal entities decide to press charges under both statutes concurrently, the bill's obligatory detention clause restricts federal law enforcers from recommending pretrial releases and hinders federal court processes that necessitate the defendant's attendance. Furthermore, SB 4-C mandates compulsory jail terms for breaches of state regulations, whereas the INA permits either fines or probation for similar offenses at the federal level.
What impact will the temporary restraining order have on halting Florida’s new immigration law?
Typically, a temporary restraining order lasts only up to 14 days. However, Williams set a date of April 18 for a hearing concerning the plaintiffs' petition for a preliminary injunction. This could potentially halt the enforcement of the law throughout the duration of the legal proceedings.
The lawsuit further claims a breach of the Constitution’s Commerce Clause since it "unlawfully restricts individuals from entering Florida" and places undue restrictions on interstate and international trade.
Although Williams grounded her decision in the Supremacy Clause, she noted that the plaintiffs' "analysis under the Commerce Clause also backs their petition" for a preliminary injunction.
During a special session held in February, lawmakers approved the legislation, stating their aim was to assist with implementing President Donald Trump’s immigration strategies. SB 4-C was among two immigration-related laws enacted during this extraordinary legislative gathering.
The legal action, initiated on behalf of the plaintiffs by attorneys from the American Civil Liberties Union and Americans for Immigrant Justice, does not include the other recent legislation. The state has yet to present any arguments in this matter.
The court's ruling has stopped a perilous and prejudiced statute that aimed to penalize individuals merely for traveling inside the U.S.," stated Bacardi Jackson, the executive director of the ACLU of Florida, on Friday evening. "While Florida officials might wish to gain politically by focusing on immigrants, the Constitution does not permit such actions. We will keep up our efforts until SB 4-C is entirely invalidated.
Learn more about the legal case challenging Florida’s immigration legislation
The article initially appeared in the Tallahassee Democrat. A new Florida immigration law has been temporarily stopped by a judge due to legal challenges from immigrant advocacy groups.