The Supreme Court announced Wednesday it would not allow, for now, Florida to enforce its new immigration law that seeks to punish illegal immigrants living in the Sunshine state.
The decision from the high court means that the justices will not lift an injunction blocking the enforcement of the Florida law, which criminalizes illegal immigrants.
Without comment, the court rejected a request from Florida Attorney General James Uthmeier to lift the lower court’s enjoining of Florida SB 4-C, which makes it a crime for an illegal immigrant to enter and stay in Florida.
The state law, signed by Gov. Ron DeSantis earlier this year, makes it a misdemeanor for a first offense and a felony for any subsequent violation.
The law was challenged by two anonymous illegal immigrants who currently reside in the state. Two organizations, Florida Immigrant Coalition and the Farmworker Association of Florida, are also plaintiffs in the lawsuit.
They argued the state law was preempting federal immigration law and violating the Constitution’s Dormant Commerce Clause, which gives Congress — not the states — the power to regulate commerce across state lines.
U.S. District Court Judge Kathleen Williams, an Obama appointee, agreed and issued an injunction halting SB 4-C from taking effect. The 11th U.S. Circuit Court of Appeals also refused to stay that injunction, leaving it in place.
The case is Uthmeier v. FL Immigrant Coalition.
