法官阻止佛罗里达州将非法移民入境定为刑事犯罪的法律
Judge Blocks Florida Law Criminalizing Transport Of Illegal Immigrants Into State

原始链接: https://www.zerohedge.com/political/judge-blocks-florida-law-criminalizing-transport-illegal-immigrants-state

联邦法官罗伊·奥尔特曼 (Roy Altman) 法官已颁布初步禁令,阻止佛罗里达州一项有争议的有关运送无证移民进入该州的法律的一部分。 该法律于去年签署,预计由于第 42 条即将到期,非法移民将会增加,其中一项条款规定,故意运送入境时未经联邦检查的人员为重罪。 批评者认为这超出了该州的管辖范围,并且与有关移民的联邦法律相冲突。 佛罗里达州农场工人协会是一个为农业工人提供服务的草根组织,该协会提起诉讼,声称该法律侵犯了其成员因就业目的自由跨境流动的权利和自由。 尽管佛罗里达州总检察长阿什利·穆迪为法律辩护,包括排除某些类别的移民,但奥尔特曼法官裁定,该组织的成员可能面临逮捕,无论是否实际发生逮捕,都会导致受伤。 他同意该协会有资格提起诉讼。 这一决定得到了众多移民权利组织的赞扬。 随着关于如何最好地解决与美墨边境非法移民有关的持续挑战的激烈辩论,争议仍在继续。

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原文

Authored by Bill Pan via The Epoch Times (emphasis ours),

A federal judge has temporarily blocked part of a Florida law that criminalizes transporting illegal immigrants into the state.

Illegal aliens from Cuba line up to board a bus to be driven to a U.S. Customs and Border Protection station as they are processed in Marathon, Fla., on Jan. 5, 2023. (Joe Raedle/Getty Images)

The challenged law was signed by Florida Gov. Ron DeSantis a year ago, when southern border states were bracing for a flood of illegal immigrants following the scheduled expiration of Title 42, a public health order that allowed border enforcement agents to quickly expel those deemed at risk of bringing in COVID-19.

Touted by Mr. DeSantis and his supporters as the “strongest anti-illegal immigration legislation in the country,” the law contains a provision that makes it a third-degree felony for anyone to “knowingly and willfully” transport into Florida someone whom “the person knows or reasonably knew ... has not been inspected by the Federal Government since his or her unlawful entry.”

In a preliminary injunction issued on May 22, [Venezuelan born] Judge Roy Altman of the Southern District of Florida said the provision in question “extends beyond the state’s authority to make arrests for violations of federal immigration law, and in doing so, intrudes into territory that’s preempted.”

“In this case, any harm the state may suffer from an injunction is overweighed by the harm [the provision] poses both to the Plaintiffs and to the United States, which has the ultimate interest in protecting federal supremacy in the realm of immigration,” the Trump-appointed judge wrote.

The lawsuit was filed in July by The Farmworker Association of Florida, which describes itself as a “grassroots and community-based farmworker membership organization” serving seasonal workers as well as migrant workers who travel with the seasons to harvest crops.

According to its complaint, the association members have to travel back and forth between Florida, Georgia, and Alabama, crossing back into Florida multiple times per year. With the transportation law in place, some of its members became “too afraid to travel in and out of Florida with their undocumented friends or family members,” over the fear of being arrested or prosecuted, according to the association.

Florida Attorney General Ashley Moody, a defendant in the suit, has argued that the association has no legal standing to sue in the first place. She also clarified that visa holders, DACA recipients—those who were illegally brought to the United States as young children—asylum seekers, and people with pending removal proceedings are not subject to punishment under the transportation law, since they are considered “inspected” by the federal government.

Judge Altman disagreed with her argument. In the May 22 opinion, he said the way the law is worded gives the association’s members a good reason to fear a potential arrest and that they have “suffered an injury in fact,” even though they haven’t put themselves at risk of an actual arrest.

The judge also found that the Association has standing to sue.

“An organizational plaintiff suffers cognizable injury when it is forced to divert resources from its regular activities to educate and assist affected individuals in complying with the challenged statute,” he wrote.

The association was backed by a score of high-profile progressive advocacy groups: the national and Florida chapter of the American Civil Liberties Union (ACLU), Americans for Immigrant Justice, the American Immigration Council, and the Southern Poverty Law Center. They celebrated the court order as a “much-needed win for Floridians.”

“The court was right to block this callous and patently unconstitutional law, which had threatened Floridians with jail time for doing the most ordinary things, like going to work, visiting family, and driving kids to soccer games. This ruling is an important victory for Florida communities,” Spencer Amdur, senior staff attorney with the ACLU’s Immigrants’ Rights Project, said in a statement.

The Florida attorney general’s office did not respond by press time to a request by The Epoch Times for comment.

The ruling is the latest in the legal blowback against states that seek to handle illegal immigration on their own in the wake of the growing crisis at the nation’s southern border. The Biden administration has sued three states—Texas, Iowa, and most recently Oklahoma—for making illegal immigration a state crime enforceable by state and local law enforcement.

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