Federal judge blocks key part of DeSantis anti-immigration law

TALLAHASSEE — A federal judge is blocking — for now — a key portion of Gov. Ron DeSantis’ anti-immigration law that he pushed ahead of his unsuccessful run for president.

The contentious measure, which passed out of the Republican-controlled Legislature last year, made it a felony for someone to transport undocumented migrants into the state.

U.S. District Judge Roy Altman, who was appointed by former President Donald Trump, temporarily blocked the measure because he agreed with those challenging the law saying that it is likely preempted by federal immigration laws.

“By making it a felony to transport into Florida someone who ‘has not been inspected by the federal government since his or her unlawful entry,’ [the law] extends beyond the state’s authority to make arrests for violations of federal immigration law and, in so doing, intrudes into territory that’s preempted,” Altman wrote.

In his ruling, Altman rejected arguments from the state that a preliminary injunction could prevent authorities from, for example, identifying drug traffickers.

“Any harm the state may suffer from an injunction is outweighed by the harm [the law] poses both to the plaintiffs and the United States, which has the ultimate interest in protecting federal supremacy in the realm of immigration,” Altman wrote.

DeSantis has routinely slammed the administration of President Joe Biden over immigration and made national headlines in 2022 when he arranged to fly migrants who crossed the Texas border to Martha’s Vineyard in Massachusetts. Right before DeSantis launched his campaign for president, he signed off on sending law-enforcement units and National Guard members to Texas.

The 2023 law was seen as a continuation of those efforts, and DeSantis touted it during the bill-signing as the "most ambitious anti-illegal immigration laws in the country."

But the measure was challenged by a group representing Florida farmworkers and people who have transported undocumented migrants, including family members, into the state. The lawsuit was brought by lawyers working for the American Civil Liberties Union of Florida and other groups such as Americans for Immigrant Justice, American Immigration Council, and the Southern Poverty Law Center.

“This is a much-needed win for Floridians,” said Spencer Amdur, senior staff attorney with the ACLU’s Immigrants’ Rights Project. “For too long, our state has imposed a barrage of anti-immigrant laws and policies that harm citizens and non-citizens alike. This order recognizes the irreparable harm [the law] is causing immigrants, families, and their communities by unconstitutionally usurping the powers of the federal government to subject them to cruel criminal punishment.”

The governor’s office did not immediately respond to a request for comment about the ruling. But DeSantis, while he was filling in as host for Sean Hannity on his radio program Wednesday, briefly noted the decision by saying “the court just enjoined that, believe it or not.”

Kylie Mason, a spokesperson for Attorney General Ashley Moody, said that Florida would challenge the preliminary injunction.

“We disagree with the ruling and look forward to making our arguments on appeal at the appropriate time,” Mason said in an email.

The Miami Herald reported on Wednesday that 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.