Groups File Lawsuit to Block Florida’s Unconstitutional Anti-Immigrant Law SB 4C
The lawsuit exposes SB 4C as a sweeping and unlawful expansion of state power under the guise of immigration enforcement
MIAMI — The American Civil Liberties Union (ACLU) of Florida, ACLU Immigrants’ Rights Project, and Americans for Immigrant Justice filed a federal lawsuit today challenging Florida’s new extreme anti-immigrant law, Senate Bill 4C (SB 4C), which authorizes state and local law enforcement to imprison people based on their manner of entering the country — powers the Constitution reserves exclusively to the federal government.
The lawsuit, filed in the U.S. District Court for the Southern District of Florida, is brought on behalf of the Farmworker Association of Florida, the Florida Immigrant Coalition, and individual plaintiffs — including longtime Florida residents with pending federal immigration applications and with U.S. citizen family members who rely on their care.
“Florida’s SB 4C is not just unconstitutional — it’s cruel and dangerous,” said Bacardi Jackson, executive director of the ACLU of Florida. “This law strips power from the federal government and hands it to state officers with no immigration training or authority, threatening to tear families apart and detain people who have every legal right to be here. Our communities deserve safety, dignity, and due process — not politically motivated attacks.”
Signed into law by Gov. Ron DeSantis on February 13, SB 4C immediately criminalized a new set of immigration-related offenses under state law, punishing individuals who are 18 or older with mandatory incarceration for “illegal entry” or “illegal reentry” into the state of Florida — even if they are pursuing federal immigration relief which allows them to lawfully remain in the country.
“Florida has already started to arrest and prosecute family members, friends, neighbors, and community members,” said Hannah Steinberg, staff attorney with the ACLU’s Immigrants’ Rights Project. “We are asking the court to immediately stop Florida from enforcing this unconstitutional law to prevent further devastation to communities across the state.”
The law follows statutes from other states that federal courts have unanimously blocked, and it directly conflicts with the U.S. Constitution’s Supremacy Clause and Commerce Clause. The lawsuit asks the court to immediately halt enforcement of the unconstitutional law.
“Our plaintiffs include a mother applying for a U visa as a victim of crime, a mother of four caring for a child with disabilities, and farmworkers who regularly travel between Florida and other states to harvest our food,” said Amy Godshall, legal fellow and immigrants' rights attorney at the ACLU of Florida. “This law not only violates the Constitution — it threatens the safety and well-being of people who have lived in our communities for decades.”
The complaint details how SB 4C forces state law enforcement to make complex federal immigration determinations, authorizes the detention of people who pose no threat, and criminalizes individuals whom the federal government may later grant asylum, visas, or permanent status. The law makes no exceptions for people seeking humanitarian protection or people with pending applications for immigration relief.
“Florida's recently passed SB 4C, is an attempt to bypass federal immigration oversight and empower state law enforcement officials to enforce immigration policies,” said Paul R. Chavez, litigation and advocacy director of Americans for Immigrant Justice. “This law could lead to the detention of individuals who pose no threat to our communities,and the denial of basic civil rights protections to immigrants. SB 4C is unconstitutional and may instill fear in the state, potentially driving many immigrants and their families into hiding. We proudly stand in solidarity with our immigrant community to advance and protect all our civil rights.”
"Florida’s new SB 4C law is an unconstitutional and devastating attack on Floridians who are immigrants, criminalizing individuals based on just existing in our state,” said Tessa Petit, executive director of the Florida Immigrant Coalition. “For well over a century, courts have made clear that immigration enforcement is a federal responsibility, yet Florida is attempting to overstep its bounds, just as similar laws in Texas, Iowa, and Oklahoma tried. As a leading advocate for Florida’s immigrant community, FLIC is standing against this unconstitutional and unjust law."
“Instead of addressing important issues such as affordable housing, inflation and public transportation, this law tears apart families,” said Rene Gomez, the Civic Engagement Coordinator of the Farmworkers Association of Florida (“FWAF”). “Our farmworking and immigrant community are the backbone of this state, contributing to billions in revenue through their labor and taxes. Every resident of our state, whether they are citizens or not, benefits from the contributions of our members and will also be negatively impacted by the economic toll this law will have.”
The complaint is here.
Court Case: FLORIDA IMMIGRANT COALITION v. UTHMEIFER
Affiliate: Florida