Court blocks Florida law against transporting illegal aliens
MIAMI – The American Civil Liberties Union celebrated a ruling by a federal judge blocking part of a Florida law that prohibits the transportation of illegal immigrants into the state.
Judge Roy Altman of the United States District Court Southern District of Florida argued that because it’s the preemptive authority of the federal government to govern immigration policy and the transport of illegal aliens, the aspect of the Florida law is not enforceable. He granted a preliminary injunction against the law.
The bill, SB 1718, was sponsored by Sen. Blaise Ingoglia, R-Spring Hill. The House version was championed by Reps. Kiyan Michael, R-Jacksonville, and Berny Jacques, R-Seminole. It was signed into law by Gov. Ron DeSantis following the 2023 Legislative Session.
“Section 10 has put thousands of Floridians and residents of other states — both citizens and noncitizens alike — at risk of being arrested, charged, and prosecuted with a felony for transporting a vaguely defined category of immigrants into Florida,” the civil rights group, better known as the ACLU, said.
Spencer Amdur, the senior attorney for the ACLU’s Immigrants’ Rights Project, voiced his support for the decision.
“The court was right to block this callous and patently unconstitutional law, which had threatened Floridians with jail time for doing the most ordinary things, like going to work, visiting family, and driving kids to soccer games,” he said. “This ruling is an important victory for Florida communities.”
Anne Janet Hernandez, senior supervising attorney with the Southern Poverty Law Center, also celebrated the action by the judge.
“We are pleased with the court’s decision to temporarily block implementation of SB 1718’s transport provision until our lawsuit is resolved. This law is unconstitutional and puts our plaintiffs, FWAF members, and the immigrant community at risk of arrest, prosecution, mandatory detention, and family separation,” she said.
The governor’s office welcomed the legal challenge by the ACLU back in the summer of 2023, arguing that the organization was taking the side of human smugglers.
“The ACLU has for years drifted increasingly leftward and out of the American mainstream. Long are the days when the ACLU defended actual civil liberties, such as free speech and religious rights. But taking the side of human smugglers–something truly outrageous and abhorrent–wasn’t on our bingo card,” DeSantis’ office said.
