A federal court in Miami temporarily blocked this Friday a Florida law aimed at taking strict measures against undocumented immigrants.
District Judge Kathleen Williams issued a temporary restraining order against SB 4-C, which was approved by the Republican-controlled Legislature and Governor Ron DeSantis in February.
The legislation creates state crimes for undocumented immigrants who enter or re-enter Florida and establishes that "an unauthorized foreign national who is 18 years of age or older and knowingly enters or attempts to enter this state after entering the United States while evading or avoiding examination or inspection by immigration officers, commits a first-degree misdemeanor. A person found guilty of violating this subsection must be sentenced to a minimum mandatory sentence of 9 months imprisonment".
In a second clause, the law demands incarceration for one year and one day for anyone with a prior conviction for a violation of the previous section who reoffends.
Williams' decision comes two days after the Florida Immigrant Coalition, the Florida Farmworkers Association, and individual plaintiffs filed a lawsuit claiming that the law violates what is known as the Supremacy Clause of the U.S. Constitution because the enforcement of immigration policies is a federal responsibility.
According to the judge, the plaintiffs "persuasively argue that SB 4-C (the law) illegally encroaches on the federal power to control immigration."
In your opinion, the mandatory detention provision under the law limits the discretion of federal law enforcement agencies to recommend pre-trial release and hinders the ability of federal courts to conduct proceedings that require the presence of the accused, as they are incarcerated under SB 4-C.
"Additionally, SB 4-C mandates mandatory prison sentences for violations of state law when the INA (the federal Immigration and Nationality Act) allows for a fine or probation for the equivalent federal offense," he added.
The freezing of the law is temporary. A hearing on the permanent court order will be held on April 18.
The lawsuit also alleges a violation of the Commerce Clause of the Constitution because it "unacceptably regulates the entry of people into Florida and imposes unacceptable burdens on interstate and foreign commerce."
In the midst of the Trump administration's crusade against illegal immigration, Governor Ron DeSantis has mandated that harsher penalties be imposed for crimes committed by undocumented individuals compared to others.
In February, it was determined that if a misdemeanor theft can carry up to one year in prison and a fine of $1,000 for most residents of Florida, an illegal immigrant could be sentenced to up to five years in jail and a payment of $5,000.
In the case of first-degree murder, an automatic death penalty could now be applied.
As part of its actions against illegal immigration, the governor signed the 287(g) program, through which state agencies can fully cooperate with the U.S. Department of Homeland Security in identifying and detaining immigrants in irregular situations.
The expansion of powers allows state and local law enforcement agencies to collaborate with ICE in identifying and detaining immigrants in irregular situations, contributing to greater effectiveness in the mass deportations driven by the Trump administration.
Frequently Asked Questions about the Florida Immigration Law Blockade
Why was Florida's Immigration Law blocked?
The law was temporarily blocked because a federal court in Miami found that SB 4-C could violate the Supremacy Clause of the U.S. Constitution, as immigration enforcement is a federal responsibility. According to Judge Kathleen Williams, the plaintiffs "persuasively argue that SB 4-C illegally encroaches upon federal authority to control immigration."
What are the main provisions of Florida's Immigration Law SB 4-C?
The SB 4-C law creates state offenses for undocumented immigrants who enter or re-enter Florida while evading examination by immigration officials. An unauthorized foreigner who commits this offense could face a minimum of nine months in prison. Furthermore, it establishes harsher penalties for repeat offenders and seeks to limit the discretion of federal law enforcement.
What consequences could this law have on the immigrant community in Florida?
The law could lead to an increase in the arrest and deportation of undocumented immigrants, as it grants local and state law enforcement greater power to collaborate with federal immigration authorities. This would create fear and distrust within immigrant communities, in addition to potential violations of constitutional rights.
What arguments were presented against law SB 4-C?
The plaintiffs argued that law SB 4-C violates the Supremacy Clause of the U.S. Constitution, which states that immigration regulation is a federal responsibility. It is also argued that the law imposes unacceptable burdens on interstate and foreign commerce, and that it mandates mandatory prison sentences that limit the discretion of federal law enforcement agencies.
What is Governor Ron DeSantis's stance on illegal immigration?
Governor Ron DeSantis has taken a firm stance against illegal immigration, supporting laws that impose harsher penalties for undocumented individuals and expanding collaboration between local law enforcement and federal authorities. DeSantis asserts that these measures are necessary to make Florida a safer and more secure state, aligning with the immigration policy of President Donald Trump.
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