Migration Enforcement Continues in Florida Amid Suspension of SB 4: Local Immigrant Rights Group Raises Concerns Over Potential Violations of Constitutional Rights

Florida Defies Supreme Court, Continues Migrant Arrests Under suspended Law

MIAMI, FL – Despite a Supreme Court order halting its enforcement, Florida authorities have continued too arrest migrants under the state’s controversial SB 4-C law, which criminalizes undocumented individuals. Court documents reveal two arrests occurred in July: Juan Vásquez Salas, a Guatemalan national, and José Bersay Díaz Salas, from Mexico.

Díaz Salas was arrested on July 3rd following an incident in Sarasota County involving injuries and vehicle damage. Vásquez Salas was apprehended on July 28th after a traffic stop. These arrests directly contradict the Supreme Court’s July 9th decision upholding a South Florida district court’s temporary suspension of SB 4-C, which allows for the detention of undocumented individuals on state charges.

Judge Kathleen M. Williams previously found the state prosecutor in contempt for disregarding her order to cease SB 4-C enforcement, mandating regular reports detailing arrests made under the law.

Further allegations surfaced last week, with a lawsuit claiming the state is utilizing SB 4-C to detain migrants at “Aligator Alcatraz,” a newly opened 2,000-bed migration detention center west of Miami. Plaintiffs – including the Coalition of Immigrants of Florida (FLIC) and the Association of Agricultural Workers of Florida (FWAF) – are demanding the court compel the state to clarify the legal basis for the detention center’s operation, citing an email suggesting state control despite potential federal jurisdiction through immigration and Customs Enforcement (ICE).

The lawsuit argues SB 4-C is unconstitutional, asserting that immigration policy falls under federal purview.The legal battle surrounding SB 4-C has become a focal point in the national debate over state-led immigration enforcement, with other Republican-governed states considering similar legislation.A final ruling on the law’s legality is expected to have significant nationwide implications.

What specific constitutional rights are immigrant rights groups alleging are being violated by continued immigration enforcement activities in Florida, even with SB 4 suspended?

The Current Landscape of Florida Immigration Policy

despite the recent suspension of Senate Bill 4 (SB 4) by a federal appeals court, immigration enforcement activities are continuing across Florida. This has sparked meaningful concern from local immigrant rights groups,who allege potential constitutional violations stemming from ongoing state and local actions. The situation remains fluid, with legal challenges and evolving interpretations of existing laws. Understanding the nuances of this ongoing enforcement is crucial for both residents and legal professionals.Key terms related to this situation include immigration law, Florida legislation, constitutional rights, and due process.

Understanding the suspension of SB 4

SB 4, signed into law earlier this year, aimed to increase immigration enforcement within Florida, notably requiring hospitals to collect immigration status data and imposing penalties on businesses employing undocumented workers. The core of the legal challenge centered on the argument that immigration enforcement is a federal responsibility, and state laws in this area are preempted by federal authority.

Federal Preemption: The legal principle that federal law takes precedence over state law when there is a conflict.

Fifth and Fourteenth Amendments: Concerns raised by advocacy groups focus on potential violations of these amendments, specifically regarding due process and equal protection under the law.

Ongoing Litigation: While suspended, SB 4 is not permanently struck down. The case is expected to continue through the courts, potentially reaching the Supreme Court.

Continued Enforcement activities: What’s Happening on the Ground?

Even with SB 4 temporarily blocked, reports indicate a continuation of immigration-related enforcement. This includes:

1. Increased Scrutiny at Traffic Stops: Law enforcement agencies are reportedly maintaining heightened scrutiny of individuals’ immigration status during routine traffic stops, despite guidance from some local officials to prioritize public safety.
2. Collaboration with Federal Agencies: Florida continues to collaborate with federal immigration agencies like ICE (Immigration and Customs enforcement) and CBP (customs and Border Protection) on deportation proceedings.
3. Workplace Raids (limited): While large-scale workplace raids have not dramatically increased, targeted enforcement actions against businesses suspected of employing undocumented workers are still occurring.
4. detainer Requests: Florida law enforcement continues to honor ICE detainer requests, holding individuals suspected of immigration violations beyond their scheduled release date. ICE detainers are a controversial practise, frequently enough challenged on constitutional grounds.

Concerns Raised by Immigrant Rights Groups

The Florida Immigrant Coalition (FLIC) and other advocacy groups have voiced serious concerns about the potential for constitutional violations. These concerns include:

Racial Profiling: The fear that increased enforcement will lead to racial profiling, targeting individuals based on their appearance or perceived national origin.

Due Process Violations: Concerns that individuals are not being afforded adequate due process rights, including access to legal counsel and fair hearings.

Self-Deportation: The chilling effect of increased enforcement, leading individuals to voluntarily leave the state, separating families and disrupting communities.

Impact on Healthcare Access: Even with the suspension of SB 4’s hospital reporting requirements, fear of deportation may deter undocumented individuals from seeking necessary medical care.

Legal Challenges and Potential remedies

Several legal challenges are underway, aiming to protect the rights of immigrants in Florida. These include:

Lawsuits Against Local Agencies: Groups are filing lawsuits against local law enforcement agencies alleging discriminatory practices.

Requests for Federal Oversight: Advocacy groups are calling for increased federal oversight of immigration enforcement activities in Florida.

Know Your Rights Campaigns: Organizations are conducting “Know Your Rights” campaigns to educate immigrant communities about their legal rights and how to protect themselves. know Your Rights resources are vital for empowering individuals.

Real-World Example: The Case of Maria Rodriguez

In July 2025, Maria Rodriguez, a long-time Florida resident and mother of two U.S. citizen children,was detained during a routine traffic stop. Despite having no prior criminal record, she was held on an ICE detainer request. While ultimately released after intervention from a local legal aid organization, her case highlights the vulnerability of immigrants to even minor interactions with law enforcement. This case underscores the importance of legal representation and advocacy.

Benefits of Understanding Your Rights

Being informed about your rights is paramount,especially in the current climate. Understanding your rights can:

protect You from Illegal Searches and Seizures: Knowing when law enforcement needs a warrant.

Ensure Access to Legal Counsel: understanding your right to an attorney.

Prevent Self-Incrimination: Knowing your right to remain silent.

Empower You to Advocate for Yourself and Your Community: Participating in advocacy efforts and supporting immigrant rights organizations.

Practical Tips for Immigrant Communities

carry Identification: Always carry a valid form of identification.

Know Your Rights: Familiarize yourself with your rights during interactions with law enforcement.

* Seek legal Counsel: If you are detained or questioned