A federal judge on Wednesday temporarily blocked enforcement of a Florida law that criminalizes the transportation of undocumented immigrants into the state, casting doubt on the fate of a key part of Gov. Ron DeSantis’ immigration agenda.
The state law, which went into effect last July to prevent undocumented immigrants from entering Florida, has already resulted in the arrests of undocumented migrants now charged with human smuggling. Judge Roy K. Altman, a Trump-appointed lawyer in the Southern District of Florida, said the law “extends beyond the state’s authority to make arrests for violations of federal immigration law, thereby encroaching on territory it excludes.” .”
Altman also temporarily blocked the law because otherwise he said plaintiffs would “suffer irreparable harm,” including due to family separation, as people have decided not to cross state lines and see relatives indefinitely to avoid arrest.
DeSantis’ office did not immediately respond to a request for comment on the court decision.
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The decision comes after a federal lawsuit was filed in August by the Farmworker Association of Florida and several of its members, who were represented by the American Civil Liberties Union, the Southern Poverty Law Center and other advocacy groups. The group claims that a provision in state law — known as Section 10 — is “unconstitutionally vague” because it is not clear who would be criminalized under the law.
Florida Attorney General Ashley Moody, who is a defendant in the lawsuit, has argued in court documents that plaintiffs lacked the legal standing to bring the case and has clarified that visa holders, DACA recipients, asylum seekers and people with pending deportation proceedings are considered “inspected” by the federal government under state law.
The lawsuit also argued that it would cause “irreparable harm” because it would harm members of immigrant communities, including mixed-status families and workers, as well as the people who help them. The plaintiff, an Apopka-based group that advocates for nearly 12,000 Florida farmworkers, said in an affidavit that it estimates that about 100 member families who left at the end of the harvest season in May 2023 would not return to Florida to avoid the impact of avoid the disaster. are at risk of being charged with a crime.
Prosecutors also shared several testimonies about the impact on individuals, such as an undocumented couple with children, a 70-year-old Catholic deacon and U.S. veteran who helps immigrants as part of his faith, and a grandmother caring for a teenage grandson who wants to have children. pending application for special status of immigrant youth. Their testimonies include lost jobs and separation from families because they were afraid to cross state lines.
READ MORE: Immigration advocates move again to block Florida’s transportation law in federal court
