HomeCommunity IssuesTerrorist label in Florida sets stage for landmark court battle

Terrorist label in Florida sets stage for landmark court battle

Florida Governor Ron DeSantis Tuesday reached for a label reserved for the gravest threats to national security. He declared the Council on American-Islamic Relations (CAIR) and the Muslim Brotherhood “foreign terrorist organizations,” and instructed state agencies to treat them as such, reported CBC. This executive order immediately blocks any Florida state agency from working with, funding, or employing either group.

CAIR, one of America’s largest Muslim civil rights organizations, immediately called the move “unconstitutional and defamatory” and announced their immediate plans to sue.

What Actually Happened

The order puts CAIR and the Muslim Brotherhood in the same category as federally recognized terrorist groups like Al Qaeda and the Islamic State organization, which appear on the United States State Department List of Foreign Terrorist Organizations. The Florida order claims that CAIR and the Muslim Brotherhood have connections to Hamas and points to the October 7 attack on Israel and the war in Palestine as justification.

Neither CAIR nor the Muslim Brotherhood appears on the official federal Foreign Terrorist Organization list. Only the U.S Secretary of State has the authority to make that designation, and federal law sets out a formal process that requires evidence, findings about threats to national security, and notice to Congress. 

Why State Versus Federal Authority Matters

Legal experts say that Florida’s order likely oversteps boundaries on free speech, freedom of association, and equal protection under the law. Under federal law, providing “material support” to a designated terrorist organization is a crime. Because CAIR and the Muslim Brotherhood aren’t federally designated, Florida’s order exists in legal limbo. It can hurt the organizations and their communities now, but its actual legal weight remains unclear and vulnerable to court challenges.

The Bigger Picture 

Florida is not acting in isolation. In November, Texas Governor Greg Abbott issues his own proclamation that labeled CAIR and the Muslim Brotherhood “foreign terrorist” and “translational criminal” organizations and ordered increased enforcement against them, including limits on land purchases. CAIR immediately sued, arguing that the Texas order had “no basis in law or fact” and that the governor “does not have the authority to declare any Americans or American institutions terrorist groups.” 

Civil rights groups warned these orders could have a chilling effect across communities. Muslim Americans, who criticize US Middle East policy or support Palestinian rights have and continue to be facing increased scrutiny, discrimination, or financial penalties. For the thousands who depend on CAIR for legal help with hate crimes, workplace discrimination, and civic engagement. The order threatened to cut off vital resources.

But the implications reach far beyond Muslim communities. When states can unilaterally label civil rights organizations as terrorist groups without federal backing or due process, it sets a precedent that could affect any advocacy group. In the current political zeitgeist, terrorism language is no longer confined to armed groups abroad. 

Today it’s CAIR. Tomorrow, it could be any organization serving other communities of color, immigrants, or any group whose politics a governor dislikes. The point is less who is on the list today and more who might be next.

What’s Happening Next

CAIR is preparing a federal lawsuit, challenging the design designation as an Islamaphobic smear campaign that violates constitutional protections. The case could set major precedence about whether states can bypass federal authority on terrorism, designations, and whether civil rights organizations remain protected under the Constitution. 

Registration is closed for Common Ground: Building Together conference and gala award banquet in San Francisco on January 24. A shoutout to our planning committee: Jane Chin, Frank Mah, Jeannie Young, Akemi Tamanaha, Nathan Soohoo, Mark Young, Dave Liu, and Yiming Fu.

We are published by the non-profit Asian American Media Inc and supported by our readers along with the Robert Wood Johnson Foundation, AARP, The Henri and Tomoye Takahashi Charitable Foundation, The Asian American Foundation & Koo and Patricia Yuen of the Yuen Foundation.

Find additional content on Bluesky, Facebook, Instagram ,Tiktok, X, and YouTube. Please consider interning or joining our staff. Don’t miss a single headline. Subscribe for free.

Never miss a headline

Select Frequency:

We don’t spam! Read our privacy policy for more info.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest

Anti-Asian Hate

Immigration

Health

Latest