Judge blocks Florida law criminalizing transport of undocumented immigrants into state

MIAMI — A federal judge on Wednesday temporarily blocked the enforcement of a Florida law that makes it a felony to transport undocumented immigrants into the state, putting in question the fate of a key part of Gov. Ron DeSantis’ immigration agenda.

The state law, which went into effect last July to prevent undocumented immigrants from coming into Florida, has already resulted in the arrests of undocumented migrants who are now facing human smuggling charges. Judge Roy K. Altman, a Trump-appointed jurist in the Southern District of Florida, said that the law “extends beyond the state’s authority to make arrests for violations of federal immigration law, and in doing so, intrudes into territory that’s preempted.”

Altman also temporarily blocked the law because otherwise, he said plaintiffs would “suffer irreparable injury,” including over family separation since people have decided to not cross state lines and see relatives for indefinite periods of time to avoid arrest.

DeSantis’ office did not immediately respond to a request seeking comment on the court decision.

The decision comes after a federal lawsuit was filed in August by the Farmworker Association of Florida and several of its members, who were represented by the American Civil Liberties Union, the Southern Poverty Law Center and other advocacy organizations. The group alleges a provision in state law — known as Section 10 — is “unconstitutionally vague” because it is not clear who would be criminalized under the statute.

Florida Attorney General Ashley Moody, who is a defendant in the lawsuit, has argued in court documents that the plaintiffs did not have the legal standing to bring the case forward and clarified that visa holders, DACA recipients, asylum seekers and people with pending removal proceedings are considered “inspected” by the federal government under the state law.

The lawsuit also argued that it would cause “irreparable harm” because it would hurt members of immigrant communities, including mixed-status families and workers, as well as the people who help them. The plaintiff, an Apopka-based group that advocates for nearly 12,000 Florida farm workers, said in a sworn declaration that it estimated that about 100 member families that left at the end of harvest season in May 2023 would not be returning to Florida to avoid the risk of being charged with a felony.

The plaintiffs also shared several testimonies of how individuals would be affected, like an undocumented couple with children, a 70-year-old Catholic deacon and U.S. veteran who helps immigrants as part of his faith, and grandmother who cares for a teenage grandson with a pending application for Special Immigrant Juvenile Status. Their testimonies included lost job opportunities and separation from families because they did not dare cross state lines.