Florida Immigration Law Temporarily Halted by Federal Court

A federal court in Miami has temporarily halted a controversial Florida law aimed at cracking down on undocumented immigrants. On Friday, District Judge Kathleen Williams issued a temporary restraining order against SB 4-C, a law passed by the Republican-controlled Legislature and supported by Governor Ron DeSantis in February.

This legislation seeks to establish state-level offenses for undocumented immigrants entering or re-entering Florida. It states that "an unauthorized alien who is 18 years of age or older and knowingly enters or attempts to enter this state after entering the United States by evading immigration examination or inspection commits a first-degree misdemeanor. A person convicted of violating this subsection must be sentenced to a minimum mandatory term of 9 months in prison." Furthermore, the law mandates a sentence of one year and one day for repeat offenders with a prior conviction under the same section.

Judge Williams' decision comes just two days after the Florida Immigrant Coalition, the Farmworker Association of Florida, and individual plaintiffs filed a lawsuit. They argue that the law violates the Supremacy Clause of the U.S. Constitution, asserting that immigration policy enforcement is a federal responsibility. According to Williams, the plaintiffs convincingly argue that SB 4-C unlawfully encroaches on the federal government's authority to regulate immigration.

Implications of SB 4-C on Federal Authority and Individual Rights

In her opinion, Williams highlighted that the law's mandatory detention provision restricts federal law enforcement's discretion to recommend pretrial release and hinders federal courts' ability to conduct proceedings requiring the defendants' presence, as they are detained under SB 4-C. "Moreover, SB 4-C imposes mandatory prison sentences for state law violations, while the federal Immigration and Nationality Act (INA) allows for fines or probation for comparable federal offenses," she added.

The suspension of the law is only temporary, with a hearing for a permanent injunction scheduled for April 18. The lawsuit also claims a violation of the Commerce Clause of the Constitution, arguing that the law "impermissibly regulates the entry of individuals into Florida and imposes unacceptable burdens on interstate and foreign commerce."

Governor DeSantis' Aggressive Stance on Illegal Immigration

Amid the Trump administration's aggressive campaign against illegal immigration, Governor DeSantis has advocated for harsher penalties for crimes committed by undocumented individuals compared to others. In February, he determined that while a misdemeanor theft might result in up to a year in jail and a $1,000 fine for most Florida residents, an illegal immigrant could face up to five years in prison and a $5,000 fine. In cases of first-degree murder, an automatic death penalty could now be applied.

As part of his crackdown on illegal immigration, the governor signed onto the 287(g) program, allowing state agencies to fully cooperate with the U.S. Department of Homeland Security in identifying and detaining undocumented immigrants. This expansion of powers enables state and local law enforcement to work with ICE, enhancing the efficiency of mass deportations advocated by the Trump administration.