A federal appeals court on Friday rejected Florida Attorney General James Uthmeier’s request to enforce a new state law targeting undocumented immigrants temporarily (SB 4-C) while a legal challenge proceeds.
The law, SB 4-C, signed into law by Governor DeSantis, makes it a crime for undocumented immigrants to enter Florida, and also includes provisions for capital punishment for undocumented immigrants convicted of capital crimes.
The bill also includes provisions related to law enforcement, tuition benefits, and funding for immigration-related enforcement activities.
This decision by the court maintains a preliminary injunction issued in April by U.S. District Judge Kathleen Williams, who found that the law is likely preempted by federal immigration authority.
READ: Florida Seeks Full Appeals Court Rehearing On Drag Show Law For Children
The three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta stated that Uthmeier had not met the criteria for a stay, indicating it is “likely” that federal immigration law, with its “longstanding and distinct interest in the exclusion and admission of aliens,” takes precedence over the state statute.
The appeals court also addressed a dispute regarding the scope of Judge Williams’ injunction, which she ordered to apply broadly to all law enforcement.
Uthmeier had argued it should only apply to him and state attorneys. The panel declined to issue a partial stay that would have allowed police to enforce the law, and notably, criticized Uthmeier’s “seemingly defiant posture” toward the district court’s order.
READ: Florida Gov. DeSantis Delivers For Vets: New Laws Solidify States’ “Most Veteran-Friendly” Status
The Florida law, passed in a February special legislative session, created state crimes for undocumented immigrants entering or re-entering the state. It was challenged by the Florida Immigrant Coalition, the Farmworker Association of Florida, and individual plaintiffs, who argue it is unconstitutional.
Judge Williams’ initial injunction highlighted concerns that the law’s mandatory detention provisions could conflict with federal immigration discretion and ongoing federal proceedings.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
