Farming labor group challenges sweeping Florida immigration law

(CN) — The Farmworker Association of Florida filed a federal lawsuit Monday seeking to bar enforcement of a new state law that criminalizes the act of transporting a broad category of immigrants into the state.

The nonprofit, grassroots and community-based farmworker organization has nearly 12,000 members, including both documented and undocumented immigrants who live in Florida and have a wide range of immigration statuses and histories.

Several of its members aide in transporting other members into Florida to obtain work during the planting and harvesting seasons, and they now fear they could be exposed to felony charges under the law that went into effect July 1.

Section 10 of the law imposes criminal penalties on a person who transports an immigrant who “entered the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful entry.”

But the Farmworker Association argues that the phrasing of the statue is unconstitutionally vague and overbroad, because it doesn’t give any explanation for what the term “inspected” implies. Represented by Anne Janet Hernandez Anderson of the Southern Poverty Law Center, they explain that many people who entered the country in violation of federal immigration law have since sought or obtained immigration relief and are now lawfully present.

“Immigration processes are complex and highly variable; Section 10 provides no guidance regarding which of the tens of millions of noncitizens in the United States are covered by its draconian criminal penalties. It fails to provide Floridians with even basic information about what conduct is actually proscribed, and it invites arbitrary and discriminatory enforcement,” the complaint states.

If the federal court in Miami does not issue an injunction, the group says the law will harm the daily lives of thousands of Floridians and residents of other states — including people who are lawfully present in the U.S. or are in the process of obtaining lawful immigration status.

“Families may be unable to visit each other across state lines. Parents who live near the state border may be unable to drive their children to medical appointments or soccer matches. Coworkers may be unable to drive each other to work. Friends may be unable to give each other rides to the grocery store. Churches may be unable to transport members of their congregation to religious events,” the complaint states.

The group further alleges that the law intrudes on federal immigration policy, which already sets forth a framework to address penalties for unlawful harboring and transportation conduct, “thus preempting any analogous state crime.” The plaintiffs point to prior precedent from the 11th Circuit, that found two similar statutes attempting to regulate immigration in Georgia and Alabama were likely preempted because they were inconsistent with the federal immigration scheme.

Section 10 also impedes the federal immigration system by preventing people who live in neighboring states with a variety of immigration statuses from getting to immigration courts, United States Citizenship and Immigration Services appointments and ICE check-ins in Florida, the plaintiffs argue.

According to the complaint, the U.S. Citizenship and Immigration Services website directs immigrants residing in at least 17 south Georgia counties to report to its field office in Jacksonville, Florida, for certain services including “capturing biometrics for national security purposes, applying for permission to travel outside the United States, and attending interviews for lawful permanent residence.”

Signed into law by Republican Governor Ron DeSantis in May, Senate Bill 1718 also requires hospitals to collect information on immigration status, requires all employers with more than 25 workers to verify they are legally allowed to work in the U.S., and invalidates out-of-state drivers’ licenses for undocumented immigrants.

DeSantis’ sweeping immigration legislation comes in response to the growth in immigration activity at the border following the end of Title 42 restrictions on border entry that were implemented during the Covid-19 pandemic. The move is also related to the governor’s 2024 presidential campaign that has emphasized enacting stricter immigration policies, including a pledge to end the constitutional guarantee of citizenship for children of undocumented immigrants born in the U.S.

Opponents of the law have organized demonstrations and work stoppages across the state to underscore its impact on families and the Florida economy.

There are roughly 1.8 million noncitizen immigrants in Florida, including both lawfully present and undocumented immigrants, that make up 11% of the state’s adult workforce. In certain industries, they make up higher shares — accounting for 37% of the state’s agricultural workers, 23% of its construction workers and 14% of transportation workers.

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