A federal judge in Miami affirmed that her suspension order regarding Florida's new immigration regulation, SB 4-C, applies to all law enforcement agencies in the state, thus contradicting the interpretation of the Attorney General, who held the opposite view.
According to the agency AP, Judge Kathleen Williams of the Southern District of Florida stated that she will issue a preliminary injunction against the enforcement of a state law that makes it a misdemeanor for undocumented individuals to enter Florida while evading federal immigration authorities.
Law signed by DeSantis as part of Trump's anti-immigrant agenda
Governor Ron DeSantis enacted the law in February 2025 as part of his alignment with Donald Trump's immigration agenda, which has been subject to multiple federal lawsuits.
The state statute penalizes the entry of migrants without regular immigration status into Florida if they have been "released" by federal authorities or entered without inspection, reported NBC Miami.
On April 4, Judge Williams had already issued a temporary restraining order for 14 days, following a lawsuit filed by the Florida Immigrant Coalition and other organizations, with legal support from the ACLU (American Civil Liberties Union).
The order was extended for an additional 11 days following reports of arrests made by the Florida Highway Patrol, which included at least one U.S. citizen.
What is Florida's SB 4-C law?
The SB 4-C law aims to make it a state crime to enter Florida without legal immigration status. This means that if a person classified as "unauthorized foreigner" enters the state, they could be arrested solely for that action, without having committed any other crime.
In other words, simply crossing the state border could be enough to get apprehended.
Legal dispute: Can the police enforce the law despite the order?
During the hearing, the judge harshly challenged the argument of the state's attorney, who claimed that the court order was only binding on the parties named in the lawsuit (attorney general, state prosecutor, and special attorney general). Williams responded:
"What would be the point of allowing officers to arrest people without probable cause if prosecutors cannot charge them?"
Contradictions in the Florida government
After the judge's initial order, DeSantis's chief of staff, James Uthmeier, sent a memorandum on April 18 instructing law enforcement not to enforce the law, even though he expressed his disagreement with the court's decision
However, five days later, he reversed his position in another memo, stating that the judge was "legally wrong" and that he could not prevent the police from enforcing state law.
Since then, no new arrests have been reported under the suspended regulation.
The law under fire for unconstitutionality
The lawsuit filed by civil rights groups argues that this state law violates the Supremacy Clause of the U.S. Constitution by encroaching on exclusive federal powers over immigration policy.
If Judge Williams issues the final preliminary injunction, it would officially and temporarily prevent its application at the state and local levels, representing a significant victory for migrant rights in Florida.
This new judicial setback for DeSantis's immigration agenda reflects the growing tension between state authorities seeking to tighten immigration control and the exclusive power of the federal government to define and enforce those policies.
Trump tightens immigration policies with new presidential decree
This week, in a new display of strength aimed at bolstering his anti-immigration stance, Trump signed an executive order that targets so-called sanctuary jurisdictions (states and cities that limit their cooperation with federal immigration authorities).
The decree signed by Trump orders the Department of Justice and the Department of Homeland Security to create and maintain an updated list of these jurisdictions.
The current government deported over 65,000 undocumented immigrants in its first 100 days. Despite this hardline rhetoric, current figures show that deportations have not significantly increased compared to Joe Biden's administration, at least in its initial months.
According to figures released by the Immigration and Customs Enforcement (ICE), out of more than 66,000 arrests made, 75% were immigrants with criminal records, including 2,288 alleged gang members from organizations such as Tren de Aragua, MS-13, and Barrio 18, as well as 1,329 individuals charged or convicted of sexual offenses and 498 for homicide.
Frequently asked questions about Florida's SB 4-C Law and its suspension
What is Florida's SB 4-C Law?
Florida's SB 4-C Law seeks to make it a state crime to enter Florida without legal immigration status. This means that a person without regular immigration status could be arrested simply for crossing the state's border, without the need to have committed any other crimes. This law has been criticized for its ambiguity and for potentially encouraging arrests based on racial profiling.
Why did federal judge Kathleen Williams suspend the enforcement of Law SB 4-C?
Judge Kathleen Williams suspended the enforcement of Law SB 4-C because she believes it illegally infringes on federal authority over immigration control. The law is seen as a violation of the Supremacy Clause of the U.S. Constitution, as immigration policy is a federal responsibility. Furthermore, the law imposes jail sentences that limit the discretion of federal law enforcement agencies and could obstruct judicial proceedings.
What is the position of Florida Governor Ron DeSantis on illegal immigration?
Governor Ron DeSantis takes a hardline stance against illegal immigration. He has promoted strict measures to combat irregular immigration, including collaboration with federal authorities to identify and detain immigrants without legal status. His policies aim to toughen penalties and enhance state cooperation with the federal government on immigration matters, aligning with the agenda of former President Donald Trump.
How does the suspension of Law SB 4-C affect law enforcement in Florida?
With the suspension of Law SB 4-C, law enforcement in Florida must halt the enforcement of this regulation. Judge Williams clarified that her order is binding for all police agencies in the state. This means that arrests based solely on Law SB 4-C must cease, at least temporarily, until the ongoing legal challenge is resolved.
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