Case: Florida Immigrant Coalition, Inc. v. DeSantis

1:22-cv-23927 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 1, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 1, 2022, three immigrant advocacy groups brought suit against Florida Governor Ron DeSantis and Jared W. Perdue, Secretary of the Florida Department of Transportation, in their official capacities. The Florida Immigrant Coalition (FLIC), Americans for Immigrant Justice (AI Justice) and Hope CommUnity Center (HCC), represented by the Southern Poverty Law Center (SPLC), the Criminal Justice Institute (CJI) of Harvard Law School, and private counsel, filed this suit in the U.S. Distric…

On December 1, 2022, three immigrant advocacy groups brought suit against Florida Governor Ron DeSantis and Jared W. Perdue, Secretary of the Florida Department of Transportation, in their official capacities. The Florida Immigrant Coalition (FLIC), Americans for Immigrant Justice (AI Justice) and Hope CommUnity Center (HCC), represented by the Southern Poverty Law Center (SPLC), the Criminal Justice Institute (CJI) of Harvard Law School, and private counsel, filed this suit in the U.S. District Court for the Southern District of Florida. The case was assigned to Judge Kathleen M. Williams and referred to Magistrate Judge Lisette M. Reid.

In their complaint, the plaintiffs alleged that through Section 185 of Florida’s General Appropriations Act (House Bill 5001) the defendants infringed upon the federal government’s immigration system by creating a separate, parallel immigration system. Specifically, the plaintiffs alleged that Section 185 appropriated $12 million to the Florida Department of Transportation to contract with common carriers to transport people deemed “unauthorized aliens” out of the state of Florida, creating a “relocation program.” The plaintiffs further alleged that after the passage of Section 185, the defendants implemented the Section by transporting asylum seekers from Texas to Massachusetts. Also in their complaint, the plaintiffs alleged that the defendants’ relocation program had harmed and would continue to harm plaintiffs by requiring them to expend organizational resources to combat the program’s impact. The plaintiffs went on to allege that the relocation program was one in a “litany of actions” that the defendants had taken to target immigrants and that the program was in conflict with the structure and terms of the federal immigration system.

The plaintiffs’ complaint contained two causes of action. First, the plaintiffs argued that Section 185 violated the Supremacy Clause of the U.S. Constitution by attempting to supplant the existing federal immigration system. Second, the plaintiffs argued that Section 185 violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The plaintiffs alleged that Section 185 discriminated against people of color, persons born outside of the United States, and those perceived to be born outside of the United States. In the alternative, the plaintiffs argued that even absent a finding of racial animus, Section 185 was unconstitutional because it could otherwise only be explained as irrational prejudice against “unauthorized aliens.” The plaintiffs sought preliminary and permanent injunctive relief to enjoin implementation of Section 185, declaratory relief finding Section 185 unconstitutional, and attorneys' fees.

As of February 2, 2023, the case was ongoing.

Summary Authors

Nina Gerdes (2/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66582259/parties/florida-immigrant-coalition-inc-v-desantis/


Judge(s)
Attorney for Plaintiff

Alvarez-Jones, Stephanie M. (Florida)

Carboni, Felicia L. (Florida)

Chavez, Paul Raymond (Florida)

Leontire, George J. (Florida)

Attorney for Defendant

Davis, Rebekah Ann (Florida)

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Documents in the Clearinghouse

Document
1

1:22-cv-23927

Complaint for Injunctive Relief and Declaratory Judgment

Dec. 1, 2022

Dec. 1, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66582259/florida-immigrant-coalition-inc-v-desantis/

Last updated Oct. 1, 2025, 2:32 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive Relief and Declaratory Judgment against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16140433, filed by Florida Immigrant Coalition, Inc., Hope Community Center, Inc., Americans for Immigrant Justice. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summon(s) re Jared W. Perdue, # 3 Summon(s) re Ronald D. DeSantis)(Chavez, Paul) (Entered: 12/01/2022)

1 Civil Cover Sheet Civil Cover Sheet

View on RECAP

2 Summon(s) re Jared W. Perdue

View on RECAP

3 Summon(s) re Ronald D. DeSantis

View on RECAP

Dec. 1, 2022

Dec. 1, 2022

RECAP
2

Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) (Entered: 12/02/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
3

Summons Issued as to Ronald D. DeSantis, Jared W. Perdue. (pcs) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

RECAP
4

Bar Letter re: Admissions sent to attorney Luz Lopez, Stephanie M. Alvarez-Jones, George J. Leontire, Felicia L. Carboni, Ronald S. Sullivan Jr., mailing date December 2, 2022, (pt) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
5

ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES Magistrate Judge Lisette M. Reid for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 12/2/2022. See attached document for full details. (ebz) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
6

First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for George Leontire, Esquire. Filing Fee $ 200.00 Receipt # AFLSDC-16143761 by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc.. Responses due by 12/16/2022 (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Chavez, Paul) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
7

First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Felicia Carboni, Esquire. Filing Fee $ 200.00 Receipt # BFLSDC-16143809 by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc.. Responses due by 12/16/2022 (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Chavez, Paul) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
8

First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ronald Sullivan, Esquire. Filing Fee $ 200.00 Receipt # AFLSDC-16143844 by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc.. Responses due by 12/16/2022 (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Chavez, Paul) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER

Clerk's Notice of Judge Assignment and Optional Consent

Dec. 2, 2022

Dec. 2, 2022

PACER
10

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING: granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Felicia L. Carboni. Signed by Magistrate Judge Lisette M. Reid on 12/5/2022. See attached document for full details. (mab) (Entered: 12/05/2022)

Dec. 5, 2022

Dec. 5, 2022

PACER
11

ORDER DENYING 8 MOTION TO APPEAR PRO HAC VICE:DENYING 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ronald S. Sullivan, Jr. Notice of Termination delivered by US Mail to Ronald Sullivan. Signed by Magistrate Judge Lisette M. Reid on 12/5/2022. See attached document for full details. (mab) Modified to restrict the document due to clerical error on 12/6/2022 (ar2). (Entered: 12/06/2022)

Dec. 5, 2022

Dec. 5, 2022

PACER
9

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING:granting 6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney George J. Leontire. Signed by Magistrate Judge Lisette M. Reid on 12/5/2022. See attached document for full details. (mab) (Entered: 12/05/2022)

Dec. 5, 2022

Dec. 5, 2022

PACER
12

Clerk's Notice of Docket Correction re: 11 Order on Motion to Appear Pro Hac Vice. Document Restricted Due to Error; The correct document has been attached to this notice. (ar2) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
13

First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ronald Sullivan, Esquire. Pay.gov Agency Tracking ID FLSDC-AFLSDC-16143844. Filing Fee $ 200.00 by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc.. Responses due by 12/20/2022 (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Chavez, Paul) (Entered: 12/06/2022)

Dec. 6, 2022

Dec. 6, 2022

PACER
14

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING:GRANTING 13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ronald S. Sullivan, Jr. Signed by Magistrate Judge Lisette M. Reid on 12/7/2022. See attached document for full details. (mab) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

PACER

Attorney Ronald S. Sullivan, Jr representing Florida Immigrant Coalition, Inc. (Plaintiff) and Americans for Immigrant Justice, Inc. (Plaintiff) and Hope CommUnity Center, Inc. (Plaintiff); Activated. (pt)

Dec. 7, 2022

Dec. 7, 2022

PACER

~Util - Activate Terminated Attorney

Dec. 7, 2022

Dec. 7, 2022

PACER
15

First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Luz V. Lopez. Filing Fee $ 200.00 Receipt # AFLSDC-16188670 by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc.. Responses due by 1/4/2023 (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Chavez, Paul) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
16

First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephanie M. Alvarez-Jones. Filing Fee $ 200.00 Receipt # AFLSDC-16188867 by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc.. Responses due by 1/4/2023 (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Chavez, Paul) (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
17

ORDER DENYING MOTION TO APPEAR PRO HAC VICE:DENYING 15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Luz V. Lopez, Esq. representing Florida Immigrant Coalition, Inc. (Plaintiff) and Americans for Immigrant Justice, Inc. (Plaintiff) and Hope Community Center, Inc. (Plaintiff); Notice of Termination delivered by US Mail to Luz Lopez. Signed by Magistrate Judge Lisette M. Reid on 12/23/2022. See attached document for full details. (mab) (Entered: 12/27/2022)

Dec. 23, 2022

Dec. 23, 2022

PACER
18

ORDER DENYING MOTION TO APPEAR PRO HAC VICE:DENYING 16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Stephanie M. Alvarez-Jones, Esq. representing Florida Immigrant Coalition, Inc. (Plaintiff) and Americans for Immigrant Justice, Inc. (Plaintiff) and Hope CommUnity Center, Inc. (Plaintiff); Notice of Termination delivered by US Mail to Stephanie Alvarez-Jones. Signed by Magistrate Judge Lisette M. Reid on 12/23/2022. See attached document for full details. (mab) (Entered: 12/27/2022)

Dec. 23, 2022

Dec. 23, 2022

PACER
19

First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephanie M. Alvarez-Jones. Pay.gov Agency Tracking ID FLSDC-AFLSDC-16188867. Filing Fee $ 200.00 by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc.. Responses due by 1/10/2023 (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Chavez, Paul) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

PACER
20

First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Luz V. Lopez. Pay.gov Agency Tracking ID FLSDC-AFLSDC-16188670. Filing Fee $ 200.00 by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc.. Responses due by 1/10/2023 (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)(Chavez, Paul) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

PACER

Attorney Stephanie M. Alvarez-Jones representing Florida Immigrant Coalition, Inc. (Plaintiff) and Americans for Immigrant Justice, Inc. (Plaintiff) and Hope CommUnity Center, Inc. (Plaintiff); ; Attorney Luz V. Lopez representing Florida Immigrant Coalition, Inc. (Plaintiff) and Americans for Immigrant Justice, Inc. (Plaintiff); and Hope CommUnity Center, Inc. (Plaintiff); Activated. (pt)

Dec. 27, 2022

Dec. 27, 2022

PACER

~Util - Activate Terminated Attorney

Dec. 27, 2022

Dec. 27, 2022

PACER
21

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING:granting 19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Stephanie M. Alvarez-Jones, Esq. Signed by Magistrate Judge Lisette M. Reid on 12/28/2022. See attached document for full details. (mab) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
22

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING:GRANTING 20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Luz V. Lopez, Esq. Signed by Magistrate Judge Lisette M. Reid on 12/28/2022. See attached document for full details. (mab) (Entered: 12/29/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
23

PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiffs shall effect service of process and file proof of service of the Complaint on all Defendants no later than March 1, 2023. All claims against any Defendant that has not been served with notice of this action by that day--evidenced by valid proof of service filed to the docket--will be dismissed without prejudice pursuant to Rule 4(m). Signed by Judge Kathleen M. Williams on 2/10/2023. (er01) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER

- Order (PAPERLESS or pdf attached)

Feb. 10, 2023

Feb. 10, 2023

PACER
24

ACKNOWLEDGMENT OF SERVICE on Ronald DeSantis filed by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc.. (Chavez, Paul) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
25

ACKNOWLEDGMENT OF SERVICE on Jared W. Perdue filed by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc.. (Chavez, Paul) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
26

NOTICE of Attorney Appearance by Nicholas John Peter Meros on behalf of Ronald D. DeSantis, Jared W. Perdue. Attorney Nicholas John Peter Meros added to party Ronald D. DeSantis(pty:dft), Attorney Nicholas John Peter Meros added to party Jared W. Perdue(pty:dft). (Meros, Nicholas) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
27

MOTION for Extension of Time to Respond to Complaint re 1 Complaint, by Ronald D. DeSantis, Jared W. Perdue. Responses due by 3/20/2023 (Meros, Nicholas) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

PACER
28

PAPERLESS ORDER. THIS MATTER is before the Court on 27 Defendants' Unopposed Motion for Extension of Time. In light of the fact that the requested extension is unopposed, and in the interests of the "just, speedy, and inexpensive determination of every action and proceeding" pursuant to Federal Rule of Civil Procedure 1, it is ORDERED AND ADJUDGED that 27 Defendants' Unopposed Motion for Extension of Time is GRANTED. Defendants shall respond to the Complaint on or before April 19, 2023. Signed by Judge Kathleen M. Williams on 3/7/2023. (er01) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

PACER

Order on Motion for Extension of Time

March 7, 2023

March 7, 2023

PACER
29

NOTICE of Attorney Appearance by Rebekah Ann Davis on behalf of Jared W. Perdue. Attorney Rebekah Ann Davis added to party Jared W. Perdue(pty:dft). (Davis, Rebekah) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
30

NOTICE of Voluntary Dismissal by Americans for Immigrant Justice, Inc., Florida Immigrant Coalition, Inc., Hope CommUnity Center, Inc. (Chavez, Paul) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

RECAP
31

PAPERLESS ORDER DISMISSING CASE. THIS MATTER is before the Court on Plaintiffs' Notice of Voluntary Dismissal Without Prejudice. (DE 30 .) Upon review of the Notice and the record, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. Each party is to bear their own attorneys' fees and costs. All deadlines and hearings are CANCELED. This case is CLOSED. Signed by Judge Kathleen M. Williams on 4/20/2023. (er01) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER

Administrative Order

April 20, 2023

April 20, 2023

PACER

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 1, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are three non-profit immigrant justice organizations.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Florida, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Immigration status

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Race, unspecified

Immigration/Border:

Constitutional rights

Undocumented immigrants - state and local regulation