A federal judge in Miami has blocked the enforcement of a new Florida law that criminalizes the actions of undocumented workers who enter or re-enter the state, finding that plaintiffs who filed the lawsuit may prevail in their argument that the law is unconstitutional.
Judge Kathleen Williams of the Southern District of Florida made the decision on April 4 to put in place a temporary restraining order to prevent enforcement of Senate Bill 4-C, which took effect in February. The measure prohibits any “unauthorized alien” age 18 or older from entering the state after illegally crossing into U.S. territory. A first conviction is a first-degree misdemeanor with a minimum punishment of nine months in prison, while subsequent convictions are felonies with escalating minimum sentences.
The plaintiffs in the lawsuit include undocumented individuals living in Florida as well as the Farmworker Association of Florida and the Florida Immigrant Coalition. They argue that the new state law is a legislative overreach into an area exclusively reserved for the federal government, that it conflicts with existing federal immigration law and that it violates the Constitution's Supremacy Clause.
In addition, the statute runs afoul of the Constitution’s Commerce Clause, which implicitly restricts the ability of states to regulate the interstate movement of people, the plaintiffs argue.
“The court agrees that, at this early stage, (the) plaintiffs have shown they are likely to succeed on the merits (of their case),” Williams said in her decision, adding that courts have decided laws in other states mirroring the Florida statute are likely to be preempted by federal immigration laws.
She also concluded that the balance of equities and public interest in the case argues in favor of granting a temporary restraining order.
“The harm to (the) defendants from briefly suspending enforcement of SB 4-C is minimal, especially given that similar federal provisions already exist and may be enforced against appropriate persons in Florida,” Williams said.
The Miami-based Americans for Immigrant Justice, a law firm, called the new state law extreme, indicating that it has put numerous Florida residents in danger of arrest and detention.
“This law instilled fear in our communities and punished people for simply existing,” Paul R. Chavez, director of litigation & advocacy for Americans for Immigrant Justice, said in a comment provided to the Florida Record. “The court’s decision recognizes what we’ve known all along: SB 4-C is not only unconstitutional, it’s inhumane. We’re grateful the court stepped in to prevent further harm and protect the rights of our clients and countless others across Florida.”
The Florida Governor’s Office did not respond to a request for comment about the ruling. The ACLU of Florida, however, stressed that immigration enforcement is the purview of the federal government and not state lawmakers.
“This law was a reckless power grab that endangered communities and violated the basic rights of people who call Florida home,” Amy Godshall, an immigrants rights attorney at the ACLU of Florida, said. “The court’s order sends a strong message that Florida cannot bypass federal law to carry out its own anti-immigrant agenda.”
Williams has scheduled a preliminary injunction hearing next week in her courtroom. The temporary restraining order will be in effect until that hearing takes place on April 18.