On Wednesday, a clause in a Florida law intended to stop illegal immigration was blocked by a federal judge appointed by past president Donald Trump.
The laws, signed into law by Gov. Law enforcement was given the authority to “knowingly and willfully” transport an illegal immigrant who has not been subject to federal government inspection by Ron DeSantis (R-FL ) last year. Soon after going into effect in July 2023, it was challenged in court.
A primary injunction was granted by U.S. District Court Judge Roy Altman, who had previously ruled against the express for enforcing the law. According to him, the national government’s power over immigration laws is likely to be overturned.
In a court filing on Wednesday, Altman said in a statement in a court filing that “makes it a criminal to move into Florida someone who has not been inspected by the Federal Government since his or her unlawful passage.” Section 10 “expands the country’s authority to make prosecutions for violations of federal immigration laws and, in doing so, intrudes into place that’s preempted,”
According to Eleventh Circuit law, we believe that the Plaintiffs have satisfied each of the other requirements of their initial order demand and that they are likely to succeed on their state that Section 10 of SB 1718 is preempted by federal legislation.
The legislation is one of several across the country enacted by says, seeking to put state sanctions on illegal immigration, which have been challenged by activists and another companies, like the Justice Department.
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In Iowa, Texas, and Oklahoma, laws seeking to make illegal immigrants being present in a state a crime under the respective state’s law have been challenged by the DOJ, who argue it is the federal government’s authority to enforce immigration laws.
In a legal challenge to Oklahoma’s law earlier this week, the Justice Department claimed that it was doing so to protect its “exclusive authority under federal law to regulate the entry, reentry, and presence of noncitizens.”
