On Monday, a federal lawsuit was filed by migrant workers and advocates against a portion of a recent Florida law that criminalizes the transportation of individuals who have unlawfully entered the country.
The suit claims the law is unclear, thereby encouraging “unlawful arrest, prosecution, and harassment.”
The controversial law, strongly backed by Florida Governor Ron DeSantis, stands among several actions undertaken by the state’s Republican leadership in recent years, aimed primarily at immigrants crossing the border from Mexico.
The enacted law includes amendments to the existing human-smuggling law to make it a felony to transport into the state an individual who the transporter is aware of, or “reasonably should know,” has entered the country illegally.
The law imposes punitive measures on those who transport immigrants who “entered the United States in violation of law and has not been inspected by the federal government since his or her unlawful entry.” Violators could face charges of a second-degree felony for each offense.
More on Florida’s new immigration law
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The Argument Against ‘Section 10’ of the new immigration law
However, the lawsuit, lodged in Miami on Monday, asserts that “Section 10” of the law lacks clarity. According to the complaint, this section fails to define the term “inspected,” rendering it “hopelessly vague and incoherent.”
The complainants point out that the phrasing of “Section 10” could potentially encompass a wide variety of immigrants, including those who are lawfully present in the United States or are actively seeking legal immigration status.
The lawsuit was filed on behalf of several plaintiffs, including the Farmworker Association of Florida, Inc., and other migrant workers and advocates, identified by their initials.
Among these, one plaintiff, an employee of a non-profit, assists in transporting immigrants from Georgia to Jacksonville for meetings with U.S. Citizenship and Immigration Services officials. Another plaintiff, known as “CA,” is a U.S. citizen residing in Miami.
She is the legal custodian of her grandson, who was brought to the U.S. by his mother as they fled their home country in fear for their lives, the lawsuit detailed.
The suit further highlights the significant disruption the law has caused to people’s lives, particularly those who used to travel to other states for seasonal work as migrant workers or to visit family.
The plaintiffs argue that the law could restrict family and friends from visiting each other, hinder parents from accessing healthcare for their children, and prevent congregants from attending church services.
Furthermore, they allege the law places thousands of residents, both citizens and non-citizens, at risk of being arrested, charged, and prosecuted for transporting a vaguely-defined group of immigrants into Florida.
The lawsuit contends that the state law intrudes on powers constitutionally reserved for the federal government.
Moreover, it impedes the federal immigration system by barring immigrants from entering Florida and forces state officials into unlawfully making complex decisions regarding individuals’ immigration status and history, according to the plaintiffs.
DeSantis’ response to the lawsuit and his stance on immigration
When approached for comment on the lawsuit, aides to Governor DeSantis dismissed it.
Jeremy Redfern, DeSantis’ spokesperson, stated in an email that the state would persist in its fight against illegal immigration and human trafficking, promising to defend Florida’s “humane laws” against attacks from organizations like the ACLU and its “leftist cronies.”
Florida has lodged several lawsuits over the past few years challenging the Biden administration’s handling of immigration.
The state’s governor, Ron DeSantis is a candidate in the 2024 Republican presidential race.
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