On April 4, 2025, Federal Judge Kathleen Williams issued a temporary restraining order blocking the implementation of SB 4-C in Florida. This law, promoted by Governor Ron DeSantis and approved in February 2025, seeks to criminalize the entry and re-entry of undocumented immigrants, imposing harsher penalties than those established at the federal level.
The judge argued that the rule likely violates the U.S. Constitution by interfering with the federal government’s exclusive authority over immigration policy under the Supremacy Clause.
Main penalties imposed by SB 4-C
SB 4-C established two new state crimes that directly affect undocumented immigrants:
Unlawful entry into the state: It would be a misdemeanor of the first degree for any undocumented immigrant over the age of 18 to enter or attempt to enter Florida after evading immigration inspection.
This offense would carry a mandatory minimum penalty of nine months imprisonment.
Illegal re-entry after deportation or refusal: Classified as a third degree felony, it imposed penalties of up to five years imprisonment in aggravated cases (for serious criminal records).
The minimum penalty started at one year and one day.
In addition, SB 4-C prohibited bail for defendants.
In addition, it obliged local authorities to notify ICE (Immigration and Customs Enforcement) of any arrest under this law.
Legal Arguments Against SB 4-C
Several immigrant rights organizations, including the ACLU of Florida, the Florida Immigrant Coalition and the Florida Farmworkers Association, filed a class action lawsuit against the state.
Esta ley busca criminalizar la entrada y reingreso de inmigrantes indocumentados
They argued that SB 4-C violates both federal law and the constitutional rights of immigrants.
This is by criminalizing their immigration status and allowing prolonged detention without due process.
Judge Williams concluded that there is a high probability that the law is unconstitutional.
He ordered to maintain his suspension while the judicial process is underway.
Community reactions
The extension of the blockade was confirmed on April 30, 2025, but the measure has generated confusion.
Despite the ruling, some local police departments continued to enforce certain provisions of the law, forcing the judge to issue additional warnings.
Several protests have been held in Florida demanding Governor DeSantis and Attorney General James Uthmeier to respect the court ruling.
The ACLU called the attempt to implement SB 4-C an “abuse of power designed to punish immigrants.”
For now, the future of SB 4-C is in the hands of the federal courts.
They will have to decide in the coming months whether the law is definitely unconstitutional.
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