A Florida appeals court has revived a human smuggling case against a man accused of transporting undocumented immigrants into the state, clarifying the legal definition of “entering” the United States.
The 5th District Court of Appeal overturned a lower court’s dismissal of charges against Jean Paul Yanes-Blanco, who was stopped by a Florida Highway Patrol officer on Interstate 75 in Hernando County in April 2022. Twenty undocumented immigrants from Mexico and Central America were found in his van.
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The case hinged on the interpretation of a state human smuggling law in effect at the time, which stated that transporting into Florida an individual known to be “illegally entering the United States” constitutes a felony.
The circuit court judge dismissed the case, interpreting “illegally entering” to apply only to those entering through Florida’s borders. However, the appeals court disagreed.
“The illegal aliens in Yanes-Blanco’s van crossed the southern border of the United States of America,” Judge Adrian Soud wrote in the opinion. “And while that crossing began the process of illegally entering the country, it did not conclude their entry into the country. … Their entry continued until they arrived at their destination, Orlando, Florida.”
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The court emphasized that federal courts have established that illegal entry into the U.S. is a continuous process, not limited to the initial border crossing.
The Florida Legislature revised the human smuggling law in 2023, replacing “is illegally entering” with “has entered.” However, a federal judge ruled last year that the revised law encroaches on federal authority over immigration.
This case unfolds amidst a backdrop of increased focus on immigration enforcement by Florida Governor Ron DeSantis and Republican lawmakers. They have repeatedly touted state efforts to prevent the transportation of undocumented immigrants into Florida.
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The appeals court’s decision clarifies the interpretation of the human smuggling law and sends the case back to the circuit court for further proceedings. This ruling has implications for future human smuggling cases and highlights the ongoing legal complexities surrounding immigration enforcement in Florida.
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