TALLAHASSEE – A federal judge on Friday temporarily blocked police and prosecutors from enforcing new state laws that criminalize immigrants coming to Florida after they illegally enter the country.
Calling the law unconstitutional, U.S. District Judge Kathleen Williams suspended its 14-day enforcement and scheduled a hearing on April 18th.
The ruling was a setback for law enforcement officials who have already made arrests with Gov. Ron DeSantis and are suing lawsuits under the law, and was enacted in February following a controversial special session aimed at enacting policies to support President Donald Trump’s immigration enforcement plan.
In the ruling, Williams said the law is likely to violate the US Constitution as it seeks to enforce a federal-only issue.
In short, for nearly 150 years, the Supreme Court has written solely by Williams, a US District Court based in Miami, southern Florida, that the authority to control immigration (non-citizen admission, admission, removal) was written exclusively by Williams, a US District Court based in Miami, Southern Florida.
Williams sentenced in a lawsuit filed by two immigrants living in Florida, saying they came to the country illegally. Court records show that one of them was previously deported and has four children born in the United States. Others leave Florida twice a year with a US-born child with a disability. Individuals are two advocacy groups that are members of the Florida Immigration Coalition and the Florida Agricultural Workers Association and are also plaintiffs in the lawsuit.
The lawsuit argues that if state law is enacted, individuals will be “irreparable harmed by being at risk of arrest, prosecution or detention under unconstitutional state law.” In the ruling, Williams said Florida police officers have already begun enforcing the law and arresting them.
To be charged with a new crime, the individual must be at least 18 years old, and law enforcement must prove that he “deliberately” entered or attempted to enter Florida.
If convicted, the offender will face a nine-month forced sentence behind the bar.
In its ruling, the judge said the mandatory detention provisions of state law “restrict the recommendation of pre-trial release at federal law enforcement discretion and interfere with the federal court’s ability to require the presence of a defendant.”
“We’re excited to be able to help you get the most out of our business,” said Bacardi Jackson, executive director of ACLU in Florida.
