Federal Judge Temporarily Blocks Florida’s New Immigration Law

Miami, FL – April 5, 2025 – A federal judge in Miami has issued a temporary restraining order (TRO) halting enforcement of Florida’s Senate Bill 4-C (SB 4-C), a new immigration law signed by Governor Ron DeSantis that took effect on February 13, 2025.

U.S. District Judge Kathleen M. Williams granted the 14-day TRO on April 4, 2025, in response to a lawsuit filed by the Florida Immigrant Coalition, the Farmworker Association of Florida, and two individual plaintiffs, identified as V.V. and Y.M., against state officials, including Attorney General James Uthmeier.

SB 4-C established two new state offenses: “Illegal Entry by Adult Unauthorized Alien into This State” and “Illegal Reentry of an Adult Unauthorized Alien,” codified as Florida Statutes §§ 811.102–.103.

The law imposes mandatory minimum sentences, starting at nine months’ imprisonment for a first illegal entry conviction (a first-degree misdemeanor), with subsequent offenses escalating to felonies. Illegal reentry is classified as a third-degree felony. It also mandates detention without bond for those arrested under these provisions.

The lawsuit Florida Immigrant Coalition et al. v. James Uthmeier et al., filed on April 2, 2025, in the U.S. District Court for the Southern District of Florida, seeks to bar enforcement of SB 4-C, arguing it violates the U.S. Constitution’s Supremacy Clause and Commerce Clause.

The plaintiffs, supported by the ACLU, ACLU of Florida, and Americans for Immigrant Justice, include V.V., a mother of four U.S.-citizen children who reentered the U.S. without inspection in 2014, and Y.M., a 20-year Florida resident who travels out of state with her U.S.-citizen son. Both claim they face imminent risk of arrest and prosecution under the law.

In her order, Judge Williams found that the plaintiffs have a substantial likelihood of success on their claim that SB 4-C encroaches on federal authority over immigration, a power Congress has regulated through the Immigration and Nationality Act (INA). She noted that the law’s mandatory detention and sentencing provisions conflict with federal discretion and penalties, such as the INA’s allowance of fines or probation for similar offenses. Williams also indicated that the plaintiffs’ Commerce Clause argument—asserting the law restricts interstate movement—supports their request for a TRO.

The court determined that the plaintiffs face irreparable harm without immediate relief, citing reports of arrests under SB 4-C since its enactment. The balance of equities and public interest, Williams ruled, favor a pause, as the state has no legitimate interest in enforcing a potentially unconstitutional law. The TRO prohibits state officials and their agents from enforcing SB 4-C until April 18, 2025, when a preliminary injunction hearing is scheduled at the Wilkie D. Ferguson, Jr. U.S. Courthouse in Miami.

“This ruling is a critical victory not only for immigrants and their families across Florida, but all of us who hold dear core principles of our Constitution,” said Bacardi Jackson, Executive Director of the ACLU of Florida in a release.

“The court’s order halts a dangerous and discriminatory law that sought to criminalize people for simply moving within the United States. Florida’s leaders may want to score political points by targeting immigrants, but the Constitution doesn’t allow it. We’ll continue fighting until SB 4-C is struck down permanently.”