Pointing to the federal government’s power to regulate immigration, a U.S. district judge Friday temporarily blocked a new Florida law aimed at cracking down on undocumented immigrants.
Miami-based Judge Kathleen Williams issued a 14-page decision granting a request for a temporary restraining order against the law, which the Republican-controlled Legislature and Gov. Ron DeSantis approved in February.
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 wrote that the plaintiffs “persuasively posit that SB 4-C (the law) unlawfully encroaches” on federal power to control immigration. She also cited details of the law, such as its requirements that people convicted of illegally entering the state face nine-month prison terms and longer sentences for subsequent convictions.
“First, it gives state officials authority to prosecute illegal entry or reentry in cases where federal actors may choose not to,” the judge wrote. “Even when federal officials choose to commence dual prosecutions under both laws, (SB 4-C’s) mandatory detention provision limits federal law enforcement discretion to recommend pre-trial release and obstructs federal courts’ ability to conduct proceedings requiring defendants’ presence. Additionally, SB 4-C requires mandatory prison sentences for state law violations where the INA (the federal Immigration and Nationality Act) allows for a fine or probation for the equivalent federal crime.”
A temporary restraining order is generally limited to 14 days, and Williams scheduled an April 18 hearing on the plaintiffs’ request for a preliminary injunction, which could block the law while the case continues to play out.
The lawsuit also alleges a violation of the Constitution’s Commerce Clause because it “impermissibly regulates people’s entry into Florida, and it imposes unacceptable burdens on interstate and foreign commerce.”
While Williams based her decision on the Supremacy Clause issue, she wrote that the plaintiffs’ “Commerce Clause analysis also supports their request” for a temporary restraining order.
Lawmakers passed the measure during a February special session, saying they were trying to help carry out President Donald Trump’s immigration policies. SB 4-C was one of two immigration bills passed during the special session.
The lawsuit, filed on behalf of the plaintiffs by lawyers from the American Civil Liberties Union and Americans for Immigrant Justice, did not target the other new law. The state has not filed arguments in the case.
“The court’s order halts a dangerous and discriminatory law that sought to criminalize people for simply moving within the United States,” Bacardi Jackson, executive director of the ACLU of Florida, said in a statement late Friday. “Florida’s leaders may want to score political points by targeting immigrants, but the Constitution doesn’t allow it. We’ll continue fighting until SB 4-C is struck down permanently.”
–Jim Turner, News Service of Florida
Nephew Of Uncle Sam says
Another stupid move by RonDUH and his puppets that he will drag out costing the Florida taxpayers again.
Atwp says
How long will the halt last?
Billy says
Judges are to decide cases, not set policy!
Skibum says
Our state’s governor is such a brown nosed ass wipe, a baby drumph who has tried to revitalize his maga influence by mimicking actions here in FL that were dreamed up and implemented by the WH. Doge chainsaw massacre idiots destroying the federal workforce? Yes, great idea says govie desanctimonious, so now we have a state “doge” to placate the maga faithful. Sending federal troops to the southern TX border to helt a so-called invassion of people who have dreamed of America as the light of the world? Yes, says govie desanctimonious, I’ll spend FL taxpayer dollars without anyone’s approval and order state law enforcement, national guard and civilian state guard personnel to travel out of state and guard another, far away state’s border to show I am just as maga as my president. I’ll even up that bet and spend even more secret amounts of FL taxpayer $$$ and charter planes and buses to go out of FL to far away states and (laughing) spirit away immigrants to dem run cities in northern states, dropping them off on city sidewalks with just the clothes on their backs so those “woke” cities can figure out how to care for their needs and concerns as we here in the south wash our hands of them (more laughing).
So why in the world would anyone not think our despicable govie wanna-be, mini-drumph dictator would not take the cue from his daddy in D.C. and start chartering planes, rounding up “invaders” and other undesirables and disappearing them not merely out of FL but out of the U.S. to God knows what other hell hole 3rd world foreign prison somewhere that he, drumph and the maga affiliated lawyer sycophants have black hole agreements with to help with their version of repubs ALWAYS winning elections from now on? They could simply call their disappearing of political adversaries and those who speak out in protest… “election security”. Think about it! While this sounds far fetched and maybe unbelievable, with all that is going on and the concerted effort being undertaken by both drumph and his baby mini-me here in our state, who knows how far they will go if there remains too many people who will remain quiet and not stand up for what’s right because it does not yet affect them? That is how democracy devolves into authoritarianism, and subsequently into dictatorship. Wake up, because the beginnings of this IS ALREADY HERE!!!