A federal judge in Miami is set to decide whether to uphold a ban on a key part of Florida's controversial immigration law, which has been described as 'callous' and sparked a diplomatic row with Mexico. The law, signed by Governor Ron DeSantis last year, makes it a felony to knowingly transport an undocumented person, even for US citizens.
Judge Roy Altman, a Trump appointee, previously ruled that the 'human smuggling' clause exceeded state authority. The Mexican government accused the DeSantis administration of 'discrimination and racial profiling' over the measure, which was touted as a response to the border crisis.
The law has had a 'devastating' effect on farm workers and immigrants, according to the American Civil Liberties Union (ACLU). One case that has drawn attention is that of Raquel López Aguilar, a Mexican man held in jail since August 2023 after being stopped while driving a minivan with immigrant roofers. He faces up to 20 years in prison for human smuggling.
Legal arguments are ongoing over the scope of the injunction. Florida's attorney general, Ashley Moody, argues it should apply only to plaintiffs with standing, while civil rights groups insist it must be a statewide ban. The Farmworker Association of Florida, which is part of the case, has members across the state.
The law has also caused economic harm, with many undocumented farm workers leaving Florida and not returning. An estimated 60 per cent of the state's agricultural workers are undocumented.
