Lawsuit Challenges New Florida Law
Introduction to the Lawsuit
Immigrant-advocacy groups Wednesday filed a potential class-action lawsuit challenging the constitutionality of a new Florida law aimed at cracking down on undocumented immigrants.
The Florida Immigrant Coalition, the Farmworker Association of Florida and two individual plaintiffs filed the lawsuit in federal court in Miami. It challenges a law (SB 4-C) that passed during a February special legislative session.
The Law in Question
The law, in part, created state crimes for undocumented immigrants who enter or re-enter Florida. The lawsuit contends the law violated what is known as the Supremacy Clause of the U.S. Constitution because immigration enforcement is a federal responsibility.
Violations of the Constitution
“Under this novel system, the state of Florida has created its own immigration crimes, completely outside the federal immigration system,” the plaintiffs’ attorneys from the American Civil Liberties Union and Americans for Immigrant Justice wrote. “State police will arrest noncitizens for these entry and re-entry crimes; state prosecutors will bring charges in state courts; and state judges will determine guilt and impose sentences. The federal government has no control over, nor any role at all in, these arrests and prosecutions.”
Commerce Clause Violation
The lawsuit also alleges a violation of the Constitution’s Commerce Clause because it “impermissibly regulates people’s entry into Florida, and it imposes unacceptable burdens on interstate and foreign commerce.”
Background of the Law
The February special session came as Republican lawmakers and Gov. Ron DeSantis said they were trying to help carry out President Donald Trump’s immigration policies. The law targeted in the lawsuit was one of two immigration bills passed during the special session.
Conclusion
The lawsuit filed against the new Florida law represents a significant challenge to the state’s efforts to crack down on undocumented immigrants. As the case moves forward, it will be important to consider the potential implications for immigration policy and the rights of individuals affected by the law.
FAQs
What is the lawsuit about?
The lawsuit challenges the constitutionality of a new Florida law that creates state crimes for undocumented immigrants who enter or re-enter the state.
Who filed the lawsuit?
The Florida Immigrant Coalition, the Farmworker Association of Florida, and two individual plaintiffs filed the lawsuit in federal court in Miami.
What are the main arguments in the lawsuit?
The lawsuit contends that the law violates the Supremacy Clause of the U.S. Constitution and the Commerce Clause.
What is the potential impact of the lawsuit?
The lawsuit could have significant implications for immigration policy and the rights of individuals affected by the law.
