Civil Rights and Legal Advocates File Lawsuit Against Florida’s Anti-Immigrant Law SB 1718

For Immediate Release:  
July 17, 2023

Contact: [email protected]

The complaint challenges the constitutionality of a provision within the law criminalizing the transportation of individuals into Florida

MIAMI – Today, legal organizations, including the Southern Poverty Law Center, American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice and American Immigration Council, filed a federal lawsuit challenging Florida’s new anti-immigrant law, Senate Bill 1718.

The lawsuit focuses on the provisions outlined in Section 10 of the law, which criminalizes the transportation of individuals into Florida who may have entered the country unlawfully and have not been “inspected” by the federal government since. The complaint states that it is unconstitutional for a state to unilaterally regulate federal immigration and subject people to criminal punishment without fair notice and that Florida’s use of the term  “inspection” is incoherent and unconstitutionally vague.

The case was filed against Gov. Ron DeSantis, Attorney General Ashley Moody, Florida Statewide Prosecutor Nicholas B. Cox and the attorneys general for all 20 Florida Judicial Circuits, on behalf of the Farmworker Association of Florida and various impacted individuals, including U.S. citizens and undocumented drivers and passengers who routinely travel into and out of Florida.

Section 10 is only one of a host of new laws within SB 1718 that harm Florida immigrants and their families and seeks to target and intimidate immigrant families in every facet of their lives. The law inhibits and intimidates immigrant Floridians seeking health care, expands E-Verify requirements and penalties on businesses, prohibits local government funding of new community identification cards, and invalidates certain driver’s licenses from states like Connecticut, Vermont, Delaware and Hawaii.  

The lawsuit was filed in the U.S. District Court for the Southern District of Florida in Miami.

The complaint can be found here.

The following comments are from:

Paul R. Chavez, senior supervising attorney with the Southern Poverty Law Center’s Immigrant Justice ProjectThis harmful anti-immigrant bill is unconstitutional, xenophobic and will increase the unlawful racial profiling of Florida’s Black and Brown communities. Admittedly designed to inflict cruelty, SB 1718 is unconstitutional and undermines our democracy. This lawsuit will vindicate all of our constitutional rights, and we remain committed to ensuring that immigrants are treated fairly, equally and with dignity. Such an ugly attack on our immigrant community will not stand.”

Amien Kacou, staff attorney for the ACLU of Florida“As news of the predictable damage inflicted on Florida by SB 1718 comes in, we are filing this lawsuit to stop its unconstitutional criminalization of the immigrant community in a state where one-fifth of the population was born abroad. This legislation is not the solution to any problem. It is an attempt to scapegoat and terrorize vulnerable families and workers already burdened by the difficulty of the federal immigration process, and to pick a fight with the federal government in order to serve the ambitions of a few politicians. Our challenge aims to uphold the Constitution and protect our communities from the rising threat of discrimination posed by this new Florida law.”

Evelyn Wiese, litigation attorney with Americans for Immigrant Justice: “SB 1718 is an attack on Florida’s immigrant community and on the rights of all Floridians, who count immigrants among their family members, neighbors, coworkers and friends. By making it a felony for anyone to travel into the state with immigrants who fall into a broad and not-clearly-defined category, Section 10 is both extreme and unconstitutional. There’s no denying the viciousness and inhumanity of this xenophobic new law. But Governor DeSantis and his anti-immigrant allies in the Florida Legislature should make no mistake: when they attempt to flout the Constitution, we will fight back. Florida has a long and proud history of welcoming immigrants into the state. Now, we are proud to stand with members of Florida’s immigrant community in fighting to protect their — and all Floridians’ — constitutional rights.”

Kate Melloy Goettel, legal director of litigation at the American Immigration Council: “Florida’s attempt to regulate federal immigration law violates the rights and dignity of all individuals in the state and harms immigrant families. Criminalizing transportation without federal ‘inspection’ and subjecting individuals to vague definitions is both unconstitutional and unfair. This ill-advised legislation not only singles out immigrants and their families but also poses a threat to the social and economic well-being of Florida’s communities. We stand firm in our commitment to uphold the rights and dignity of every individual in the state, regardless of their immigration status. Unity and fairness must triumph over fear and hostility.” 

Nezahualcoyotl Xiuhtecutli, PhD, general coordinator, Farmworker Association of Florida, Inc.: FWAF is proud to stand shoulder-to-shoulder with our 12,000 members to challenge this hateful law. Not only is this law detrimental to our members’ abilities to put food on their own tables, it is detrimental to our members’ ability to put food on everyone’s tables.  Florida’s SB 1718 is a self-inflicted wound — the product of short-sighted lawmakers unable to see beyond the most immediate political opportunity. Though the impact of similar anti-immigrant laws in Arizona, Alabama and Georgia clearly foreshadowed its legal and economic fallout, SB 1718 was passed with little regard for the hardships those states have experienced.” 

Individual Plaintiff 1 MM: “I’m suing because this law harms our family and many others. We aren’t doing anything to hurt anyone. On the contrary, we’re here working, paying taxes and trying to provide a safe life for our families. Now we’re scared to even travel together as a family. I would never want my son to face a felony for traveling with his mother and his sister. It makes no sense. We’re family — how can this be?”