Migrant workers and advocates filed a federal lawsuit challenging a portion of a new Florida immigration law that criminalizes transporting individuals who enter the country illegally into the state. They argue that the law is vague and will result in unlawful arrest, prosecution, and harassment. Governor Ron DeSantis promoted this law as part of a series of measures by state Republicans targeting immigrants from Mexico.

The law, enacted in July, amends a human-smuggling statute to make it a felony to transport an individual into the state if they have entered the country illegally. The lawsuit argues that the law’s language lacks a clear definition of “inspected” and is therefore “hopelessly vague and incoherent.”

The lawsuit hopes to declare the disputed section of the law unconstitutional and prevent its enforcement. The plaintiffs, including the Farmworker Association of Florida, expressed concerns that the law puts workers at risk of unlawful arrest, prosecution, and harassment. Additionally, it may impede individuals from neighboring states with different immigration statuses from attending immigration court and federal agency appointments in Florida. The plaintiffs argue that the law is unconstitutionally vague and enables arbitrary and discriminatory enforcement.

Plaintiffs include the Farmworker Association of Florida, Inc., migrant workers, and advocates who argue that the law severely restricts their daily lives and could hinder family visits, access to healthcare, and religious gatherings. Furthermore, the legal challenge contends that the law encroaches on powers exclusively granted to the federal government by the Constitution.

According to the lawsuit, the comprehensive federal framework for immigration does not allow for state immigration laws, including those related to smuggling and transporting noncitizens. The plaintiffs argue that the Florida law hinders immigrants from entering the state and places state officials in an unauthorized position of determining immigration status and history.

Governor Ron DeSantis, a Republican candidate for the 2024 presidential race, is focusing on immigration challenges at the U.S.-Mexico border as a key issue since becoming Governor of Florida. Over the past few years, Florida has filed lawsuits against the Biden administration concerning immigration policies. The recently enacted law (SB 1718) includes provisions such as mandatory E-Verify usage for businesses with more than 25 employees to verify workers’ immigration status.

If you have questions about any immigration-related issue, contact us at ILBSG. We work with our clients to ensure they get the right advice.

Florida immigration law