Florida’s Racist Anti-Immigrant Bill Overturned in Federal Court

In victory for communities, Federal court rejects Florida’s anti-immigrant law that required cooperation with ICE

September 21, 2021

MIAMI - A federal court today ruled that key sections of Florida’s anti-sanctuary law violate the Equal Protection Clause of the U.S. Constitution, delivering a decision that strikes a major blow to the state’s anti-immigrant policy makers and a decisive victory for communities who fought to defeat the law beginning in 2019. In response to the Judge’s 110-page decision, the coalition released the following joint statement:

“Today’s ruling is a victory for immigrants across the state of Florida. This law was clearly developed to encourage racial profiling, civil rights violations, isolation of immigrant communities, and unjust deportations. It did more harm for the causes of public safety than good. This should send a clear message to Gov. DeSantis and all those proponents of this racist law that they will not go unchallenged.”

Advocates proved that the law, known as S.B. 168, undermines public safety and increases racial profiling, and that it was designed with the consultation of anti-immigrant hate groups.

In today’s ruling, Judge Beth Bloom wrote, “[T]he Sanctuary Prohibition was enacted based on biased and unreliable data generated by anti-immigrant hate groups FAIR and CIS, despite the chilling effect and disparate impact that this provision would have on immigrant communities. Moreover, the Best Efforts Provision anticipated and intended to grant law enforcement officers expansive discretion on when and how to use their ‘best efforts,’ despite the knowledge that such proactive policing measures were likely to increase the amount of racial profiling that occurs during law enforcement interactions.”

The lawsuit was filed by the Southern Poverty Law Center, Community Justice Project, and University of Miami School of Law’s Immigration Clinic on behalf of nine organizations, including Florida Immigrant Coalition, Farmworker Association of Florida, WeCount!, Americans for Immigrant Justice, Hope Community Center, QLatinx, Westminster Presbyterian United Church, The Guatemalan-Maya Center, Inc., Family Action Network Movement and the City of South Miami.

In 2019, the Florida Legislature passed SB 168, a law requiring local law enforcement agencies to use their “best efforts” to comply with the enforcement of federal immigration law. SB 168 also prohibited localities from adopting sanctuary policies. The Plaintiffs challenged SB 168, asserting the law violates the Equal Protection Clause of the U.S. Constitution. Both the “best efforts” provision and the prohibition against sanctuary cities were struck down with today’s ruling.

The case, City of South Miami, et al. v. DeSantis, et al., was filed in U.S. District Court for the Southern District of Florida, Miami Division.

Immigrant JUSTICE GROUPS AND CITY OF SOUth MIAMI Sue TO STOP ANTI-IMMIGRANT LAW

Plaintiffs ask federal court for an injunction against SB168

July 16, 2019

READ THE COMPLAINT

MIAMI — A new state law requiring local police to act as ICE agents and prohibiting sanctuary policies, is unconstitutional and will hurt the most vulnerable Floridians, according to a federal lawsuit filed today by the Florida Immigrant Coalition, Farmworker Association of Florida, WeCount!, Americans for Immigrant Justice, Hope Community Center, QLatinx, Westminster Presbyterian United Church, The Guatemalan-Maya Center, Inc., Family Action Network Movement and the City of South Miami.

"Here in Orlando we are taking a stand to unapologetically defend the rights and dignity of our immigrant community and reject the practice of terrorizing innocent families by doing what we can to stand firmly opposed to ICE, who seeks to stoke fear, criminalize immigrant communities, and disrupt the moral fabric of peace in our home," said Christopher Cuevas, Executive Director of the Central Florida based LGBTQ+ immigrant rights advocacy organization QLatinx.

Plaintiffs are represented by the Southern Poverty Law Center, the Community Justice Project, and the Immigration Clinic of the University of Miami School of Law.

This lawsuit, filed in federal court in the Southern District of Florida, seeks an injunction stopping any further implementation of the law, which went into effect July 1. The suit argues that several sections of the law are unconstitutionally vague, preempted by federal law, and violate the equal protection clause of the 14th Amendment. Plaintiff Florida Immigrant Coalition highlighted the dangers of the new law for Florida’s communities.

“Entangling ICE and local law enforcement leads to racial profiling, civil rights violations, isolation of immigrant communities, and unjust deportations,” said Paul Chavez, senior supervising attorney for the Southern Poverty Law Center’s Immigrant Justice Project.

“This bill does nothing for Florida’s safety and actually does more harm than good,” said Thomas Kennedy, political director for the Florida Immigrant Coalition. “ When immigrants are forced to live in the shadows, it has a negative effect on all Americans.”

The law also instructs local law enforcement to work with ICE. Turning local police into federal immigration agents undermines any trust the police have built with the immigrant community. It also requires local law enforcement to use their “best efforts” to support the enforcement of federal immigration law, but never defines what this means. It is unclear how “best efforts” will be defined, or who will define it. Local government entities and law enforcement agencies are struggling to interpret what this provision requires or prohibits.

“Our police are responsible for maintaining public safety,” said South Miami Mayor Philip K. Stoddard at a special city council meeting where the city voted to join this lawsuit. “And as soon as they are seen as somebody who might turn you in if you call for assistance, they are no longer trusted.”

When local police are de facto immigration agents, it empowers abusive employers and domestic partners to threaten immigrants.A relationship of trust between Florida’s immigrant community and government agencies is central to the public safety of the people of Florida. This trust is threatened when state and local agencies are entangled with federal immigration enforcement. Whether it’s accessing a hurricane shelter, hospital, or reporting a crime, SB 168 places immigrant communities in fear of accessing vital services.