A federal judge on Friday temporarily blocked Florida officials from enforcing a new immigration law that criminalizes certain unauthorized entries and reentries into the state, ruling that the statute likely intrudes on the federal government’s exclusive authority over immigration.
U.S. District Judge Kathleen Williams issued a temporary restraining order halting implementation of Senate Bill 4-C, which took effect on Feb. 13 and was signed into law by Gov. Ron DeSantis following a special session.
The law makes it a first-degree misdemeanor, subject to a mandatory minimum of nine months’ imprisonment, for an unauthorized adult noncitizen to knowingly enter or attempt to enter Florida after entering the United States unlawfully by avoiding inspection, with repeat offenses carrying felony charges with enhanced sentencing. A separate provision classifies as a third-degree felony any reentry, attempt to reenter, or presence in the state by an unauthorized adult noncitizen who has previously been denied admission, excluded, deported, removed, or who left the country while under a removal order.
Under the statute, courts are required to presume that no conditions of release can reasonably assure the defendant’s appearance, mandating pretrial detention without bond in all cases involving either offense.
The plaintiffs—two immigrant advocacy organizations and two individual noncitizens—filed suit April 2, seeking class-wide relief and arguing the law is preempted by the federal Immigration and Nationality Act and violates the Constitution’s Supremacy and Commerce Clauses. The court found that the plaintiffs demonstrated a credible threat of arrest and prosecution under the law, establishing standing, and satisfied the legal criteria for emergency relief.
In her order, Williams wrote that the federal government has enacted a framework for regulating the entry, presence, and removal of noncitizens, and that the state statute likely conflicts with that by imposing parallel criminal prohibitions and mandatory penalties that differ from federal law.
he judge also noted that enforcement of the law may interfere with federal discretion in immigration matters, including prosecutorial and pretrial decision-making.
A hearing on the plaintiffs’ request for a preliminary injunction is scheduled for April 18 in Miami.