The US supreme court maintained on Wednesday a judicial block on a Republican-crafted Florida law that makes it a crime for undocumented immigrants in the United States to enter the state.
The justices denied a request by state officials to lift an order by the Florida-based US district judge Kathleen Williams that barred them from carrying out arrests and prosecutions under the law while a legal challenge plays out in lower courts. Williams ruled that Florida’s law conflicted with the federal government’s authority over immigration policy.
The law, signed by the Republican governor, Ron DeSantis, in February and backed by the Trump administration, made it a felony for some undocumented migrants to enter Florida, while also imposing pre-trial jail time without bond.
“This denial reaffirms a bedrock principle that dates back 150 years: States may not regulate immigration,” said Cody Wofsy, deputy director of the ACLU Immigrants’ Rights Project. “It is past time for states to get the message.”
After Williams blocked the law, Florida’s attorney general, James Uthmeier, a Republican, and other state officials filed the emergency request on 17 June asking the supreme court to halt the judge’s order. Williams had found that the Florida law was probably unconstitutional for encroaching on the federal government’s exclusive authority over US immigration policy.
The state’s request to the justices was backed by America First Legal, a conservative group co-founded by Stephen Miller, a senior aide to Donald Trump and a key architect of the administration’s hardline immigration policies.
Florida’s immigration measure, called SB 4-C, was passed by the state’s Republican-controlled legislature and signed into law by DeSantis. It made Florida one of at least seven states to pass such laws in recent years, according to court filings.
The American Civil Liberties Union in April sued in federal court to challenge the law, arguing that the state should not be able to “enforce its own state immigration system outside of federal supervision and control”. Williams agreed.
The law imposed mandatory minimum sentences for undocumented adult immigrants who are convicted of entering Florida after arriving in the United States without following federal immigration law. Florida officials contend that the state measure complies with – rather than conflicts with – federal law.
Sentences for violations begin at nine months’ imprisonment for first offenders and reach up to five years for certain undocumented immigrants in the country who have felony records and enter Florida after having been deported or ordered by a federal judge to be removed from the United States.
The state law exempts undocumented immigrants in the country who were given certain authorization by the federal government to remain in the United States. Florida’s immigration crackdown makes no exceptions, however, for those seeking humanitarian protection or with pending applications for immigration relief, according to the American Civil Liberties Union, which sued in federal court to challenge the law.
The ACLU filed a class-action suit on behalf of two undocumented immigrants who reside in Florida, an immigration advocacy group called the Florida Immigrant Coalition and the non-profit group Farmworker Association of Florida, whose members include immigrants in the United States illegally who travel in and out of Florida seasonally to harvest crops. Some of the arguments in the lawsuit included claims that it violates the federal “commerce clause”, which bars states from blocking commerce between states.
Bacardi Jackson, executive director of the ACLU of Florida, in a statement issued after the challenge was filed said that Florida’s law “is not just unconstitutional – it’s cruel and dangerous”.
Williams issued a preliminary injunction in April that barred Florida officials from enforcing the measure.
The Atlanta-based 11th US circuit court of appeals in June upheld the judge’s ruling, prompting the Florida officials to make an emergency request to the supreme court.
In a filing on 7 July, the state of Florida pointed to a brief filed by the Trump administration in the appeals case, in support of SB 4-C. “That decision is wrong and should be reversed,” administration lawyers wrote at the time.
On the same day that Florida’s attorney general filed the state’s supreme court request, Williams found him in civil contempt of court for failing to follow her order to direct all state law enforcement officers not to enforce the immigration measure while it remained blocked by the judge. Williams said that Uthmeier only informed the state law enforcement agencies about her order and later instructed them to arrest people anyway. Williams ordered Uthmeier to provide an update to the court every two weeks on any enforcement of the law.
Other states have tried to pass similar laws, including Texas, Oklahoma, Idaho and Iowa, which have attempted to make entering their jurisdictions, while undocumented, a state crime.
