Governor Ron DeSantis has relentlessly fought the Biden administration on virtually every front, including immigration.
His fight was set back just a bit, however, after a federal judge blocked part of the new immigration law recently signed by Governor Ron DeSantis.
Talking Points…
- Blocking Biden
- Judge rules against new Florida immigration law
- Analysis
Even though Florida is not a border state, it has been impacted by Biden’s loose border policies. Like many other states around the country, Florida has seen an influx of illegal immigrants. One cause of this is the Biden administration flying migrants around the country, which was part of the focus of a 2023 law that Governor Ron DeSantis signed.
The new law made it a felony to transport people into Florida that did not have legal resident status. DeSantis touted this aspect of the bill as a way to help fight human trafficking. The new law was challenged by the Farmworker Association of Florida as well as several other parties who say the new law impacted them.
The case came before Trump-appointed U.S. District Judge Roy Altman, so most assumed that this ruling would favor Florida, but that was not the case. Altman issued a temporary injunction against this aspect of the law after citing testimony from several of the plaintiffs, citing that they are:
“…now too afraid to travel in and out of Florida with their undocumented friends or family members - for fear of being arrested or prosecuted or of having their family members deported."
Well, judge, that is actually the purpose of the legislation because these people are in this country illegally and should be deported. They broke the law to enter the country and should be deported, so this injunction really makes no sense.
Thankfully, this was the only provision of the new law that is being challenged, as the law also restricts access to ID cards, which we see blue states provide to illegals around the country. It would also require businesses to use the E-Verify system to ensure all workers are legally able to work in this country.
Civil rights groups have been very active in attacking the new law, claiming that it even puts citizens at risk of being arrested for everyday events, such as family vacations or even taking someone to the doctor. But again, if that person is an illegal immigrant, they are not supposed to be here in the first place.
Usually, a temporary injunction would not worry me, as this is commonplace in a suit when a law is being challenged until after arguments are heard, but Altman sounds as though he is going to strike this down. In his ruling, he stated that the law is likely unconstitutional because it:
"…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.”
The argument here is that Florida’s law is overstepping its bounds because immigration is a federal government issue, as has already been established in precedent. I believe that DeSantis has found a loophole here, though. The law creates a crime for transporting illegal immigrants, so even if DeSantis loses this case before Altman, my guess is that the decision will be appealed and the case will eventually go before the Florida Supreme Court, where I would expect DeSantis will have a better outcome.
