Florida Attorney General James Usmier (R) mentioned on Monday that the state can begin enforcing new immigration laws while lower court appeals continue.
The law, known as SB 4-C, makes it a federal crime to permit individuals to enter Florida after arriving illegally in the U.S. and dodging immigration officials.
“Illegal immigration is causing significant issues in the state, yet we are unable to implement the law,” Usmeyer’s office noted in its request.
“Without intervention from the court, Florida and its residents will remain unable to address the serious impacts of illegal immigration while this case works its way through the lower courts.”
The Florida Immigration Coalition, along with two unnamed individuals living unlawfully in the state, filed a lawsuit against the law.
U.S. District Judge Kathleen Williams indicated that the law might be struck down indefinitely as it could conflict with federal immigration laws and be deemed unconstitutional.
Despite this, the Florida Supreme Court has not allowed the state’s appeals to proceed after a three-judge panel in the 11th U.S. Circuit Court of Appeals reviewed the case.
The state maintains that the law has been designed to avoid conflicts with federal immigration authorities.
“SB 4-C does not clash with federal law. In fact, it aligns closely with federal provisions. Furthermore, it does not breach dormant commercial clauses, as it isn’t about economic protectionism,” they stated.
The American Civil Liberties Union, which represents the plaintiffs, chose not to comment on the situation.
Last year, the Supreme Court permitted Texas immigration laws to be enacted, affecting those crossing the border illegally, and denied a request from the Biden administration for immediate orders to block them.
Florida’s application will be added to a stack of urgent matters currently under consideration by the Supreme Court.
The court is also reviewing six pending emergency requests from the Trump administration. Three of these are focused on partial implementation of the president’s executive order regarding birthright citizenship, while the others relate to deportation policies and efforts to reorganize various federal departments.
Meanwhile, two death row inmates in Florida and Mississippi scheduled for execution this week have sought emergency intervention from the court.
