The new immigration law in Florida has sparked intense legal battles, with a recent federal court ruling temporarily halting the enforcement of a key provision. This decision carries significant consequences, especially for individuals accused of human smuggling charges. As the state grapples with these complex issues, those potentially facing human smuggling charges must understand their rights and seek experienced legal counsel.
If you are facing state or federal immigration or human smuggling charges, call 407-644-2466 to speak with an experienced and aggressive Orlando criminal defense attorney who can provide the legal representation you need.
Understanding the Ruling and Its Implications
A federal judge recently granted a preliminary injunction that temporarily blocks the state from enforcing Section 10 of Senate Bill 1718. This provision criminalized the act of transporting undocumented immigrants into Florida, making it a felony offense.
The ruling came after a coalition of immigration advocacy groups, including the Farmworkers Association of Florida, the Southern Poverty Law Center, and the American Civil Liberties Union (ACLU), filed a lawsuit challenging the legality of the law. The plaintiffs argued that Florida’s attempt to regulate the transportation of undocumented immigrants encroached upon the federal government’s exclusive authority over immigration matters.
Federal Judge Roy K. Altman initially agreed with the plaintiffs’ argument, emphasizing that the law “extends beyond the state’s authority to make arrests for violations of federal immigration law.” However, the judge then set a hearing on “the proper scope of the injunction,” sparking confusion among immigration attorneys and advocates, according to the Miami Herald.
Despite this temporary uncertainty, the injunction continues to be enforced statewide for the time being. Immigration advocates and immigration attorneys argue that the law has a “very negative impact” within Florida’s immigrant communities and threatens those who assist immigrants, seasonal farmworkers, and mixed-status families with members living in different states.
Facing Federal Charges for Human Smuggling
Human smuggling is a federal crime, referred to as “alien” smuggling in federal statutes. Individuals who directly work for or assist a smuggling operation can face severe penalties, including substantial prison sentences and fines.
Examples of activities that may result in federal human smuggling charges include:
- Hiring undocumented workers
- Facilitating illegal immigrant reentry
- Alien smuggling
- Unauthorized transport of illegal aliens
- Harboring aliens
- Marriage fraud
The penalties for human smuggling can vary depending on the circumstances of each case. For example, if the smuggling involves a large number of people or children, the penalties can be severe. And federal prosecutors often charge human smugglers and their accomplices for each instance of smuggling, which can lead to multiple charges and extended prison sentences for those involved in large-scale operations. In addition, human smuggling can also lead to serious civil penalties, such as fines and asset forfeiture.
Seeking Legal Representation for Human Smuggling Charges
Given the complexity of human smuggling cases and the severe consequences that can result from convictions, it is crucial for individuals facing such charges to seek legal representation from experienced attorneys. The Orlando immigration attorneys at the Rivas Law Firm are dedicated to defending the rights of immigrants and providing aggressive legal representation in a wide range of immigration matters, including criminal defense, family-based immigration, and deportation defense.
If you or someone you know is facing immigration-related charges or consequences due to the new laws targeting undocumented immigrants in Florida, it is imperative to consult with a knowledgeable and skilled attorney. The Rivas Law Firm is committed to protecting the rights of its clients and navigating the intricacies of the immigration system with confidence. To speak with an Orlando Criminal Defense Attorney at the Rivas Law Firm, call 407-644-2466. Call today.
