Miami Judge Halts Florida Police Use of New Immigration Law
Florida Judge Upholds Suspension of Immigration Law, Contradicting State Attorney General
MIAMI (AP) — A federal judge in Miami has reaffirmed her suspension of a controversial Florida law targeting undocumented immigrants, setting up a potential legal clash with the state’s Attorney General, who had argued for its enforcement.
Judge to Issue Preliminary Injunction Against SB 4-C
Judge Kathleen Williams of the Southern District of Florida indicated she intends to issue a preliminary injunction against the state law,known as SB 4-C. The law criminalizes undocumented immigrants entering florida if they evaded federal authorities.
DeSantis Signed Law Amidst Trump-Era Policies
Gov. Ron DeSantis signed the law in February 2025, aligning with immigration policies reminiscent of the Trump administration. The law has faced multiple legal challenges.
The statute penalizes migrants who enter Florida without legal status after being “released” by federal authorities or entering the U.S. without inspection, according to NBC Miami.
Temporary Restraining Order Issued Earlier
Williams initially issued a 14-day temporary restraining order on April 4, following a lawsuit filed by the Florida Immigrant Coalition and other organizations, with legal support from the American Civil Liberties union (ACLU). The order was extended by 11 days after reports surfaced of arrests, including at least one U.S. citizen, by the Florida Highway Patrol.
What is Florida SB 4-C Law?
SB 4-C aims to make it a state crime for an individual to enter Florida without legal immigration status. Under this law, a person deemed an “unauthorized foreigner” could be arrested solely for crossing the state border, even without committing any other offense.
Legal Arguments: Enforcement Authority questioned
During a hearing, Judge Williams challenged the state’s argument that her order only applied to specific parties named in the lawsuit, such as the Attorney General and State Prosecutor. She questioned the logic of allowing law enforcement to make arrests without probable cause if prosecutors were barred from processing those cases.
“What would be the sense of allowing officers to arrest people without probable cause if prosecutors cannot process them?”
Judge kathleen Williams, Southern District of Florida
Florida Government’s Shifting Stance
Following the initial restraining order, DeSantis’ chief of staff, James Uthmeier, issued a memo on April 18 instructing law enforcement not to enforce the law, despite disagreeing with the court’s decision. However, five days later, Uthmeier reversed his position, asserting that the judge was “legally wrong” and could not prevent police from enforcing the state law.
No new arrests have been reported under the suspended law as then.
Constitutionality Under Scrutiny
Civil rights groups argue that SB 4-C violates the U.S. Constitution’s supremacy clause by infringing on the federal government’s exclusive power over immigration policy. A preliminary injunction would temporarily block the law’s enforcement at the state and local levels, representing a meaningful victory for immigrant rights advocates in Florida.
This legal challenge underscores the ongoing tension between state efforts to tighten immigration control and the federal government’s authority over immigration policy.
Trump’s Immigration Policies
Separately, former President Trump recently signed an executive order targeting so-called sanctuary jurisdictions, which limit cooperation with federal immigration authorities. The order directs the Department of Justice and the Department of Homeland Security to maintain a list of thes jurisdictions.
The current administration has deported over 65,000 undocumented immigrants in its first 100 days. Data from U.S.Immigration and Customs Enforcement (ICE) indicates that 75% of over 66,000 arrests involved immigrants with criminal records, including alleged gang members and individuals accused or convicted of sexual offenses and homicide.
FAQ: Florida SB 4-C Law and its Suspension
What is Florida SB 4-C Law?
Florida SB 4-C Law seeks to make entering Florida without legal immigration status a state crime. This means a person without proper documentation could be arrested simply for crossing the state border, even without committing other crimes. The law has faced criticism for potential ambiguity and promoting racial profiling.
Why did Judge Kathleen williams suspend SB 4-C?
Judge Kathleen Williams suspended SB 4-C because she believes it illegally infringes on the federal government’s power to control immigration.The law is seen as a violation of the Constitution’s supremacy clause, as immigration policy is a federal obligation. Additionally, the law imposes prison sentences that could limit federal law enforcement discretion and obstruct judicial procedures.
What is Gov. Ron DeSantis’ position on illegal immigration?
Gov. Ron DeSantis has adopted a hard-line stance against illegal immigration. He has advocated for strict measures to combat irregular immigration, including collaboration with federal authorities to identify and detain immigrants without legal status. His policies aim to strengthen sanctions and increase state cooperation with the federal government on immigration matters, aligning with policies of the Trump era.
How does the suspension of SB 4-C affect law enforcement in Florida?
With the suspension of SB 4-C, law enforcement in Florida must cease enforcing these regulations. Judge Williams clarified that her order is binding on all state police agencies. This means arrests based solely on SB 4-C must stop, at least temporarily, until the ongoing legal challenge is resolved.