Florida can’t enforce law criminalizing transportation of undocumented immigrants, judge rules

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TAMPA, Fla. (WFLA) — A federal judge on Wednesday blocked Florida from enforcing part of its immigration law that makes it a felony to transport undocumented immigrants within the state.

Judge Roy Altman, a Trump-appointee, granted a preliminary injunction blocking the enforcement of Section 10 of SB 1718 “until otherwise ordered.”

The Farmworkers Association of Florida, the American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, American Immigration Council and the Southern Poverty Law Center sued Gov. Ron DeSantis, Attorney General Ashley Moody, and state attorneys for all 20 judicial circuits.

The group argued that states can’t control the transport of immigrants because federal immigration law preempts state law. Altman agreed.

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The groups also argue that Section 10 “unconstitutionally criminalizes the act of transporting a broad category of immigrants into Florida,” according to court documents. The state argued that there was no standing to ask for a preliminary injunction.

The state argued that the law isn’t preempted by federal law because “it regulates a bit more than just the transportation of undocumented immigrants” and that the phrase “has not been inspected by the Federal Government” could also apply to citizens.

Altman didn’t buy that argument.

“For one thing, common sense dictates that the category of uninspected citizens — as opposed to uninspected aliens — covers a relatively small (and statistically insignificant) subset of people,” Altman wrote.

Altman cited a Supreme Court ruling that stated “[w]here Congress occupies an entire field,…even complementary state regulation is impermissible.”

Altman shot down the state’s argument that the law “does not regulate aliens,” pointing to a statement DeSantis made in his news release announcing the law that said it “gives Florida the most ambitious anti-illegal immigration laws in the country, fighting back against reckless federal government policies and ensuring the Florida taxpayers are not footing the bill for illegal immigration.”

“It therefore stretches credulity for the Defendants to suggest that Section 10 ‘does not directly regulate the transportation of illegal aliens,'” Altman wrote.

Altman wrote that Section 10 “extends beyond the state’s authority to make arrests for violations of federal immigration law.”

Three individuals also sued, claiming the law made them afraid to see their own families or do their jobs. Altman said all three people would face “irreparable injury” without an injunction.

The ACLU praised the decision to block enforcement of the law.

“Section 10 has put thousands of Floridians and residents of other states — both citizens and noncitizens alike — at risk of being arrested, charged, and prosecuted with a felony for transporting a vaguely defined category of immigrants into Florida, even for simple acts such as driving a family member to a doctor’s appointment or going on a family vacation,” the ACLU said in a statement.

An ACLU attorney called the ruling “an important victory for Florida communities.”

In a statement to News Channel 8, Moody’s office said, “We disagree with the ruling and look forward to making our arguments on appeal at the appropriate time.” DeSantis’ office has not yet returned a request for comment.

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