A federal judge on Wednesday temporarily stifled the protection of a , Florida  law, which makes it illegal to import illegal refugees into the state, questioning the death of a significant portion of Governor. Ron DeSantis ‘ immigration plan.
The state laws, which went into effect next July to avoid illegal immigrants from coming into , Florida, has  , currently resulted in detention and human trafficking charges.  , In one case, a Mexican federal has been detained in a county jail for nearly a month on human trafficking costs after he was arrested for driving six different Mexicans in a vehicle from , Georgia , into , Florida.
Judge , Roy K. Altman, a Trump- appointed judge in the , Southern District , of , Florida, said that the laws “extends beyond the country’s authority to make arrests for breaches of national immigration law, and in doing so, encroaches into place that’s preempted”.
According to Altman, “in this circumstance, any damage the state does suffer from an injunction is overweighed by the harm that the transportation law poses to both the Plaintiffs and the United States, which has the supreme interest in safeguarding national supremacy in the realm of immigration,”
The decision comes after a national 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 another advocacy organizations.  , The Farmworker Association, which advocates for about 12, 000 annual and migratory farm workers across the state, argued the law hurts members of expat communities, including combined- status families and workers, as well as the people who help them.
In Wednesday’s order, Altman wrote that he temporarily blocked the law because, otherwise, the group would” suffer’ irreparable harm”. He claimed that members of the organization would go through family separations and that the law would have an impact on the services provided by providers of transportation for immigrants across state lines to appointments for medical and immigration services.
DeSantis ‘ office did not respond to a request for comment on the court’s decision.
Consequences for criminal cases?
Under the law, which took effect last year, people can face a third- degree felony charge for “knowingly and willfully” transport someone into , Florida , who” the person knows, or reasonably should know, has entered , the United States , in violation of law and has not been inspected by the Federal Government since his or her unlawful entry from another country”.
Mark Arias, an attorney who represents , Raquel Lopez Aguilar, a Mexican national charged last year under the law, said he would be requesting his client’s release following the court decision. Aguilar,  , has been in jail since his arrest last August.  , He is awaiting his pre- trial hearing, scheduled for next week.
The state has continued to support the law as the lawsuit has progressed.
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 not subject to punishment because they are considered “inspected” by the federal government.
Altman refuted claims that the statute is vague, claiming that it “puts reasonable people on notice of its meaning”
On Wednesday, the plaintiffs and their attorneys celebrated Altman’s decision to veto the law.  , Amien Kacou, staff attorney with the , ACLU of Florida, called it a “much- needed win for Floridians”.
He said in a statement that” for too long, our state has imposed a barrage of anti-immigrant laws and policies that harm both citizens and noncitizens.” We applaud the bravery of the individual and group plaintiffs who will fight this case forward.
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© 2024 Miami Herald
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