Q&A – Mistaken ID & Florida’s Stayed Immigration Law - Driven By Braman Motorcars
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Today’s Entry: Hi Brian, I wasn’t aware Florida’s immigration law had been halted until I heard about this past weekend’s incident which sounds like a case of mistaken identity. What’s going on with the law and what’s the back story to this case? Thanks, and btw, hi to Joel as well!
Bottom Line: You’ve got it. And you’ve asked a good question because asking about Florida’s “immigration law” can mean many things. For example, Florida passed a sweeping immigration law in 2023 that made E-Verify mandatory for employers with 25 or more employees among other things. The law in question is not that law or any law passed prior to this year. The law that’s been called into question is Florida’s newest Immigration law that was passed in the special legislative session in February, preceding this year’s regular state legislative session.
Florida’s newest immigration law established this policy (among a few other things – including mandatory participation by sheriff’s offices with ICE’s 287(g) program):
- An adult unauthorized alien who knowingly enters or attempts to enter this state after entering the United States by eluding or avoiding examination or inspection by immigration officers commits a first degree misdemeanor.
The law went into effect when Governor DeSantis signed it on February 13th, but before long there was a legal challenge. In early April, the Florida Immigrant Coalition, the Farmworker Association of Florida and two individuals sued the state in federal court seeking to overturn aspects of the law citing immigration enforcement as a federal responsibility. Two days after the lawsuit was filed, Miami-based Judge Kathleen Williams, an Obama-appointee, issued a 14-page opinion in staying Florida’s law in favor of the plaintiffs. The temporary stay was still in place, pending next steps in this case, when the recent case of potential mistaken identity took place. So, about that situation.
Last week FHP made a traffic stop near the Florida-Georgia border. In the car was 20-year-old Juan Carlos Lopez Gomez. While being questioned by police, Gomez failed to produce an identity and was taken into custody by authorities citing Florida’s recent immigration law that had been stayed. The next day Gomez, who was being held in the Leon County jail, was released when his mother presented a birth certificate, Social Security Card and state ID proving he was an American citizen.
Upon hearing of the news, Judge Williams said she was “astounded” that the state had still been making arrests under the law while it had been stayed pending next steps. A review of statewide enforcement under the law, revealed that a total of 15 arrests were made across Florida during the two weeks the law was stayed until news of the Gomez case broke (although all other arrests do appear to have been of illegal immigrants).
In response to this situation, Florida’s Attorney General James Uthmeier issued instructions for law enforcement to cease enforcement of the law for the time being. Next steps will take place next Tuesday, April 29th, when the next hearing over the challenge to the state’s law takes place.
One may question why that hadn’t taken place after the law was originally stayed. Certainly, the judge did and that’s likely to come up in the next hearing. Also, the Gomez case illustrates the potential pitfalls of state enforcement of immigration policy – which likely will aid the prosecution as they seek to overturn the law. At a minimum, it’s not a good look and doesn’t help the case.
So that’s where we stand. We’ll begin to know more about whether Florida’s newest immigration law will be allowed to stand next week.