Farmworker Association of Florida v. Uthmeier

  • Latest Update: Dec 01, 2025
Placeholder image

Summary

We and our partners are challenging Section 10 of SB 1718 (2023), which unconstitutionally criminalizes the act of transporting into Florida any immigrant who state and local officials with no competence in immigration law arbitrarily tag as having not been properly “inspected” by the federal government. This law threatens Floridians with up to fifteen years in jail just for traveling with family members, coworkers, and others–without exception. We filed our complaint in July 2023 and sought a preliminary injunction.

On December 21, 2023, the court dismissed Governor DeSantis from the case, which left the attorney general and state prosecutors as the remaining defendants. The court granted our motion for a preliminary injunction in May 2024 and applied the injunction statewide, but the court then asked for briefing on the scope of the remedy and ultimately (on March 11, 2025) narrowed the injunction to just include our clients.

WHAT'S AT STAKE

Under Section 10 of S.B. 1718, Floridians found traveling with any immigrant the federal government has not “inspected” face up to 15 years in jail for human smuggling. This policy makes no exceptions for minors, family members, or co-workers. This lawsuit seeks to challenge a law that unfairly penalizes Floridians for assisting their communities.

The Latest: The state appealed the injunction. Briefing was completed in December 2025. Oral argument will be held in Atlanta during the week of July 27.

Attorney(s):
Amy Godshall