Former DeSantis Top Lawyer Flags Legal Aid Group Over Immigration Suit Funding

(FLORIDA) Florida’s immigration debate entered a new phase in 2025, as Governor Ron DeSantis signed SB 4C on February 13 and launched the state into a direct clash with federal immigration authority. The law, passed during a special legislative session held to support President Trump’s immigration agenda, creates new state crimes for undocumented immigrants who enter or re-enter Florida.

Within weeks, immigrant-rights groups led by the ACLU of Florida filed a federal lawsuit arguing the measure violates the U.S. Constitution. At the same time, a separate federal court order in early April restored legal funding for thousands of undocumented children, easing pressure on legal aid groups just as Florida’s new enforcement push raised the stakes for families across the state.

What SB 4C does and why it matters

Under SB 4C, state officers, state prosecutors, and state judges now have authority to handle entry and re-entry crimes as state offenses. That shift:

• Opens the door to arrests at the state level even when federal immigration agencies are not present.
• Creates a parallel enforcement track that advocacy groups warn could lead to uneven enforcement and confusion for officers who are not trained to interpret federal immigration categories.
• Raises fears that routine encounters—such as traffic stops—could escalate into arrests and prosecutions unrelated to the original reason for the stop.

Supporters argue SB 4C fills a gap and backs federal enforcement priorities to keep communities safe. Opponents say it replaces federal control with a state-run system that will sweep up families and sow fear.

The legal challenge

The law’s quick rollout prompted rapid legal action. On April 2–3, multiple organizations—including the Florida Immigrant Coalition, the Farmworker Association of Florida, and Americans for Immigrant Justice—filed suit in federal court to block SB 4C.

The case centers on two constitutional doctrines:

• Supremacy Clause: Federal law outranks state law in areas where the federal government has primary control.
• Commerce Clause: Governs commerce between states and with other countries and is cited in the complaint as a basis for interference claims.

Plaintiffs argue:

• Immigration enforcement belongs to the federal government.
• Florida’s new penalties will interfere with travel, work, and trade.

If the court issues an injunction, parts of SB 4C could be paused. If the state prevails, Florida would continue down a path giving state actors a larger role in immigration-related offenses.

“Cruel and dangerous,” said Bacardi Jackson, Executive Director of the ACLU of Florida, reflecting deep worries shared by families with mixed status, farmworkers, and long-time residents without status who now face new criminal exposure in state courts.

HB 915: Fraud prevention and consumer protection

On June 5, 2025, Governor DeSantis signed HB 915, a consumer-protection bill meant to fight legal services fraud against immigrants. Key provisions include:

• Banning deceptive advertising by non-attorney notaries using terms like “notario publico” or “immigration consultant.”
• Requiring clear disclaimers in ads that are not in English.
• Taking effect July 1, 2025.

Supporters say HB 915 addresses real scams—especially where “notario” is mistaken for a lawyer. Critics see the bill as a softer companion to SB 4C, potentially used to justify a broader enforcement agenda.

Important resource: USCIS guidance on scams can help immigrants verify legal help — https://www.uscis.gov/avoid-scams.

Federal court action on legal funding for children

In early April, a federal judge ordered the government to temporarily restore legal funding for thousands of undocumented children, reversing an earlier cut that had strained legal aid networks.

• The emergency relief helped keep lawyers on cases for children in immigration court.
• Legal aid directors say the order provided breathing room to plan staffing and meet demand.
• The long-term funding picture remains uncertain and depends on further court and budget decisions.

Practical impacts on families, employers, and communities

SB 4C and HB 915 together affect daily life across Florida:

• Mixed-status households worry that routine activities—driving to work, school drop-offs, doctor visits—could bring risk.
• Employers who rely on seasonal workers are watching for hiring and retention impacts.
• Community health centers report patients may avoid care out of fear.
• Schools are preparing to answer families’ questions and to support students affected by family stress or detention.

Examples cited by community leaders:

• A farmworker afraid to drive to a new job because of a past stop at the border.
• A Miami high school student worried a parent could be caught in a local sweep.
• A Gulf Coast business owner unsure whether they can hire returning seasonal workers next month.

Legal aid and service providers: challenges and responses

Legal aid groups face a potential increase in demand and complexity:

• SB 4C may increase the number of people needing help with both criminal defense and immigration cases.
• Even small delays in work permits, asylum filings, or court deadlines can have cascading effects when state charges are added.
• After the April funding order, many organizations are reviewing waitlists, prioritizing urgent cases, and stepping up training for volunteers and pro bono attorneys.

Suggested organizational actions:

1. Track the federal funding order and plan staffing accordingly.
2. Train intake staff to screen for state charges that complicate immigration relief.
3. Update outreach materials to reflect HB 915’s advertising and disclaimer rules.
4. Build referral networks with criminal defense attorneys familiar with immigration consequences.
5. Document cases showing harm from SB 4C to support litigation and public reporting.

The constitutional debate: preemption and state authority

The central legal question is who controls immigration enforcement inside the U.S.

• Historically, the federal government oversees entry, stay, and enforcement.
• States can legislate in areas like crime and licensing, but when state rules conflict with federal immigration policy, courts often strike down the state rules.
• Plaintiffs argue SB 4C mirrors federal offenses and hands state actors powers tied to federal status—creating preemption problems.
• Defenders argue the state is creating its own crimes to protect public safety within its borders.

The court will weigh briefs, declarations of harm, and evidence about how the law functions in practice.

Enforcement, training, and local implementation

How SB 4C operates on the ground depends on:

• Police training and policy guidance.
• Data collection on arrests and prosecutions.
• Whether officers apply the law evenly and avoid using it as a broad net unrelated to serious crime.

Community trust may hinge on these implementation details. Faith leaders, school officials, and health providers will monitor ripple effects such as missed appointments, drops in attendance, and neighborhood stress.

Budget and resource implications

Potential fiscal impacts include:

• Increased costs for county jails, public defenders, and state courts if arrests and prosecutions rise.
• State agency needs to enforce HB 915—reviewing ads, investigating complaints, and applying penalties.
• Legal aid groups still face lean budgets despite the April relief; private donors and pro bono programs may be asked to fill gaps.

Advice for immigrant families

Practical, steady steps families can take now:

• Confirm a provider is a licensed attorney before paying for legal help—ask for a Florida Bar number and check it.
• Watch for required HB 915 disclaimers in non-English ads. Missing disclaimers are a red flag.
• Keep copies of all immigration papers in a safe place and carry notice of upcoming court dates.
• Prepare a family plan listing emergency contacts and pickup plans for children.
• If charged in state court, tell your criminal defense lawyer about your immigration status immediately so immigration consequences can be assessed before any plea.

Advice for community organizations and employers

Actions organizations and employers can take now:

• Train management on what they can and cannot ask about status and on responses if an employee is arrested under state law.
• Coordinate with community partners to provide hotlines, clinic dates, and know-your-rights sessions.
• Use trusted messengers—teachers, coaches, and pastors—to share accurate information.

Who’s involved and where to get help

Organizations active in the SB 4C lawsuit and community support:

• Americans for Immigrant Justice
• Florida Immigrant Coalition
• ACLU of Florida
• The Florida Bar — maintains attorney directories and consumer pages to check licenses and report scams.
• Community groups distributing resources in Spanish, Haitian Creole, Portuguese, and other languages.

Key takeaways

The stakes are high. If the federal court rules SB 4C is preempted, Florida must change course. If the law stands, other states may test similar approaches and legal aid programs will face heavier caseloads combining state charges and immigration issues.

What to watch next:

• Federal court filings and hearing dates in the SB 4C lawsuit.
• Data on arrests, charges, and case outcomes under SB 4C.
• Enforcement actions and compliance reviews under HB 915.
• Federal decisions and budget choices affecting legal funding for children.

For now, clear guidance—relying on licensed attorneys, up-to-date records, and avoidance of scams—remains the best tool for families navigating this fast-changing landscape. Florida’s 2025 policy shift centers on people—workers, parents, and students—and the outcomes will play out in courts, schools, workplaces, and homes in the months ahead.