Current immigration policy has its share of both detractors and supporters. It also evidently has a few states that don't think it goes far enough. Florida's passage of Senate Bill 4-C (SB 4-C) in 2025 took the issue to the next level by making it a criminal offense for people who'd entered the country illegally to even set foot within the state.
When a U.S. District judge issued a preliminary injunction blocking enforcement of the new law, Florida Attorney General James Uthmeier petitioned the U.S. Supreme Court (SCOTUS) to intervene with a stay. Things did not go the way he'd hoped.
On July 9, 2025, SCOTUS issued a one-sentence order denying Florida's application for a stay. As is often the case with emergency appeals, the order was unsigned. There were no dissenting opinions attached to the order. Florida's appeal in the Eleventh Circuit was expedited and is scheduled for October 6.
State Actions on Immigration Enforcement
Passed in February 2025, SB 4-C made the act of entering Florida by an "adult unauthorized alien" a crime called "illegal entry" and gave power to local law enforcement to enforce it. It also criminalized the presence of a person already involved in federal deportation and removal proceedings. SB 4-C made no exception for those currently in the process of obtaining legal status from the federal government.
SB 4-C imposes minimum mandatory penalties for offenders while banning access to any type of pre-trial diversion programs. A first offense carries a misdemeanor of the first degree charge, with a mandatory nine months' imprisonment. A second violation serves up a felony in the third degree charge that mandates at least a year and a day behind bars. SB 4-C can also be used as an aggravating factor against noncitizens arrested for other crimes.
Under SB C-4, law enforcement is permitted to gather fingerprints, biometric information, and other identifiers from any arrestee. All information involved with the arrests is shared with the Immigration and Customs Enforcement (ICE) agency.
Like similar laws passed in Oklahoma, Idaho, Texas, and Iowa, Florida officials claimed SB C-4 was necessary to address the "serious harms caused by illegal immigration." Like the laws in those states, SB 4-C was enjoined by a federal court.
Pretty Sure the Feds Have It Covered
Lawsuits against SB 4-C followed soon after it became law, including those filed by the Farmworker Association of Florida (FWAF) and the Florida Immigrant Coalition (FLIC). Citing overreach by SB 4-C into an arena under the purview of the federal government in violation of the Supremacy Clause, they named state attorneys in every Florida judicial circuit to block them from being able to file charges under the law.
A federal court issued a temporary restraining order in April after concluding that SB 4-C infringed on federal authority regarding immigration and violated the dormant commerce clause by restraining free movement and trade between states.
Uthmeier responded by sending a letter to law enforcement and prosecutors stating that there was no court order stopping them from enforcing SB 4-C. As you might imagine, that didn't go over well.
U.S. District Judge Kathleen Williams upped the TRO to a preliminary injunction, certified a pair of broad classes of plaintiffs, and slapped Uthmeier with a contempt charge in response to news of continuing arrests via SB 4-C. As of this writing, she has not assessed him any fines or jail time.
While Florida will have its chance at appeal in October, indications from the Eleventh Circuit Court of Appeals suggest a victory is unlikely. If so, SB 4-C may well find itself being petitioned for yet another appearance before SCOTUS.
Related Resources
- Contempt of Court (FindLaw's What To Expect When Going To Court)
- What Is an Injunction? When Can You Get One? (FindLaw's Law and Daily Life)
- Immigration Law Overview (FindLaw's Immigration Law)
