A federal appeals court in the United States blocked the implementation of the controversial anti-immigration law promoted by Governor Ron DeSantis in Florida on Friday, concluding that its enforcement could be unconstitutional.
The measure, identified as SB 4-C, criminalizes irregular migration in the state and has been heavily criticized by civil rights organizations.
The Eleventh Circuit Court of Appeals in the U.S., based in Atlanta, unanimously denied the request from Florida prosecutor James Uthmeier, who sought to suspend a previous court order that blocked the implementation of the law since last month, reported the agency EFE.
Promoted by Governor Ron DeSantis, the SB 4-C law makes unauthorized entry into the country a state crime, regardless of whether the affected individuals later regularized their status or committed any other crime.
Moreover, it imposes mandatory preventive detention for those who are arrested under this provision, without considering their personal circumstances.
The court's ruling emphasizes that the legislation "is probably unconstitutional," which is why it remains suspended while the legal proceedings continue.
The law was approved in February 2025 and was quickly challenged by immigrant advocacy organizations, who viewed it as a violation of federal law and basic constitutional rights.
The lawsuit was filed by the Florida Immigrant Coalition, the Florida Farmworkers Association, and several affected individuals, on behalf of all those potentially harmed by the regulation.
“This decision is not just a legal victory, but a resounding rejection of cruelty disguised as policy,” stated Bacardi Jackson, Executive Director of the ACLU of Florida, in a statement.
The lawyer described the law as a "blatant abuse of power" aimed at punishing immigrants and dividing communities through fear and racial discrimination.
Cody Wofsy, deputy director of the ACLU's Immigrant Rights Project, noted that the ruling adds to a series of similar decisions made in Florida, Texas, and Oklahoma, where other courts have also blocked anti-immigrant state laws.
"It is time for states to understand the message: state immigration laws are unconstitutional," concluded Wofsy.
The SB 4-C law is part of the tightening of immigration policies promoted by DeSantis, who has made irregular immigration one of the key pillars of his political agenda.
However, experts in constitutional and immigration law have warned that the regulation of immigration is the exclusive domain of the federal government, which calls into question many state laws on this matter.
The decision of the appeals court represents a significant judicial setback for the state of Florida and sends a clear message about the legal limits of state action in immigration matters.
Frequently Asked Questions about the Blocking of the Anti-Immigrant Law in Florida
Why was the SB 4-C law blocked in Florida?
The SB 4-C law was blocked for being likely unconstitutional, as it criminalizes irregular migration in a way that could violate federal law and basic constitutional rights. Furthermore, immigration regulation is an exclusive power of the federal government, which makes many state laws on this matter questionable.
What measures did the SB 4-C law establish?
The law SB 4-C made it a state crime to enter Florida without legal immigration status, imposing mandatory pre-trial detention for those who were apprehended under this provision, without considering their personal circumstances. Additionally, it intensified penalties for crimes committed by undocumented immigrants, establishing harsher sentences than those for legal residents.
What arguments were used to block the law SB 4-C?
The blockage was based on the fact that the law illegally intrudes upon federal power to control immigration and could violate the Supremacy Clause of the U.S. Constitution. It was also argued that the mandatory detention provision restricts the discretion of federal law enforcement agencies and impedes the capacity of federal courts.
Who challenged the SB 4-C law in Florida?
The law was challenged by immigrant advocacy organizations, such as the Florida Immigrant Coalition and the Florida Farmworkers Association, as well as by several affected individuals. These organizations argued that the law violated constitutional rights and was in conflict with federal law.
What are the implications of the blocking of law SB 4-C for Governor Ron DeSantis?
The blockade represents a significant judicial setback for the Florida government and sends a clear message about the legal limits of state action regarding immigration matters. The law was part of the tightening of immigration policies promoted by DeSantis, who has made illegal immigration a central focus of his political agenda.
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