Federal Judge Temporarily Halts Florida Law Criminalizing Transport of Undocumented Immigrants

Florida's Anti-Illegal Immigration Law Suspended

A Florida law that makes it a criminal offense to transport undocumented immigrants into the state has been temporarily halted by a federal judge. The law, which was signed into effect by Florida Governor Ron DeSantis a year ago, came into the spotlight during a time when southern border states were preparing for an influx of undocumented immigrants. This was due to the impending end of Title 42, a public health order that permitted border enforcement agents to swiftly expel individuals considered a risk for spreading COVID-19. DeSantis and his supporters have hailed the law as the "most robust anti-illegal immigration legislation in the nation". A specific clause in the law makes it a third-degree felony to knowingly transport an individual into Florida who has not been inspected by the Federal Government since their illegal entry.

Overstepping State Authority

On May 22, a preliminary injunction was issued by Judge Roy Altman of the Southern District of Florida. Altman, who was born in Venezuela, stated that the clause in question goes beyond the state's authority to make arrests for violations of federal immigration law, thereby encroaching on an area that is preempted. Altman wrote that any potential harm the state may suffer from an injunction is outweighed by the harm the clause could cause to both the plaintiffs and the United States, which has the ultimate interest in preserving federal supremacy in immigration matters.

The Farmworker Association of Florida's Lawsuit

The lawsuit against the law was filed in July by The Farmworker Association of Florida. This organization, which describes itself as a grassroots farmworker membership organization, serves seasonal and migrant workers who travel with the changing seasons to harvest crops. The association's members frequently travel between Florida, Georgia, and Alabama, reentering Florida multiple times each year. With the transportation law in effect, some members have become too afraid to travel in and out of Florida with their undocumented friends or family members for fear of arrest or prosecution.

Florida Attorney General's Response

Ashley Moody, Florida's Attorney General and a defendant in the lawsuit, has argued that the association lacks legal standing to sue. She also clarified that visa holders, DACA recipients, asylum seekers, and individuals with pending removal proceedings are not subject to punishment under the transportation law as they are considered "inspected" by the federal government. Judge Altman disagreed with Moody's argument. He stated that the law's wording gives the association's members valid reasons to fear potential arrest and that they have "suffered an injury in fact", even if they haven't put themselves at risk of actual arrest.

Support from Progressive Advocacy Groups

The association's lawsuit was supported by several high-profile progressive advocacy groups, including the national and Florida chapters of the American Civil Liberties Union (ACLU), Americans for Immigrant Justice, the American Immigration Council, and the Southern Poverty Law Center. These groups hailed the court order as a "much-needed victory for Floridians".

The Wider Legal Landscape

This ruling is the latest in a series of legal pushbacks against states attempting to manage illegal immigration independently amidst the ongoing crisis at the nation's southern border. The Biden administration has sued three states—Texas, Iowa, and Oklahoma—for making illegal immigration a state crime enforceable by state and local law enforcement.

What are your thoughts on this issue?

This article presents a complex issue that is currently at the forefront of national debate. What are your thoughts on the balance between state and federal authority in immigration matters? Do you think the Florida law is a necessary measure or an overreach of state power? Share this article with your friends and let's start a conversation. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.