Florida Attorney General Challenges Federal Judge’s Halt on Immigration Law

Florida Attorney General James Uthmeier is escalating a legal battle against a federal judge’s ruling that blocked the enforcement of a new state immigration law. Uthmeier has filed a motion with the 11th Circuit Court of Appeals in Atlanta, seeking a stay on the lower court’s order.

The dispute centers on Senate Bill 4-C (SB 4-C), a Florida law that makes it a misdemeanor for individuals who have illegally entered the United States to enter Florida. The law is designed to mirror federal immigration law, criminalizing the act of entering the state by those who have already entered the country unlawfully.

Judge Kathleen Williams, an Obama appointee presiding over the U.S. District Court for the Southern District of Florida, issued a preliminary injunction halting the law’s enforcement. Williams argued that SB 4-C violates the Supremacy Clause of the U.S. Constitution, which generally holds that federal law preempts state law when the two conflict.

Uthmeier strongly disagrees with Judge Williams’s interpretation. In a statement to Fox News Digital, he asserted that Florida is acting within its sovereign rights to assist the federal government in curbing illegal immigration. He invoked the late Justice Antonin Scalia, stating that restricting a state’s ability to secure its territory would undermine its sovereignty.

The Attorney General contends that he cannot instruct Florida law enforcement officers to disregard the new law. He argues that the Florida Highway Patrol, which is responsible for enforcing state laws, is not a party to the lawsuit and therefore not bound by Judge Williams’s order. Uthmeier argues that the judge’s order constitutes an overreach of judicial authority, violating fundamental principles of jurisdiction and the separation of powers.

"Florida cops don’t need my permission to do their jobs. And the judge can’t order law enforcement officers to stand down when they aren’t even parties to the case," Uthmeier stated. "This is Law 101. She doesn’t have jurisdiction. We hope the appellate court will fix the problems the lower court created and reaffirm that, as ‘the least dangerous branch,’ district court judges must stay in their constitutional lane."

Uthmeier’s motion to the 11th Circuit argues that Florida is simply aiding the federal government in its efforts to control illegal immigration and is not acting in a manner that violates the Constitution. The law defines an “unauthorized alien” as someone unlawfully present in the United States under the federal Immigration and Nationality Act, aligning state law with federal definitions.

This legal battle underscores the ongoing tension between state and federal authority on immigration matters. Uthmeier is positioning Florida as a strong partner to the Trump administration’s immigration policies, vowing to "fight this judge’s order to the top if we must and continue being the Trump administration’s best partner in the mission to remove every illegal alien and protect our state and nation’s sovereignty."

The case also highlights the broader political context of immigration enforcement, with Uthmeier directly criticizing the American Civil Liberties Union (ACLU) for its opposition to President Trump’s immigration agenda. He frames the legal challenge as a defense of Florida’s sovereignty and a commitment to upholding the rule of law.

Uthmeier’s stance aligns with a broader trend of Republican-led states seeking to assert greater control over immigration enforcement, often in response to perceived failures of the federal government. The outcome of this case could have significant implications for the balance of power between states and the federal government on immigration issues.

Moreover, the rhetoric employed by Uthmeier, invoking Justice Scalia and aligning Florida with the Trump administration, signals a clear intention to appeal to a conservative base and to frame the legal challenge as a defense of national sovereignty and the rule of law. The use of terms like “illegal alien” reflects a particular perspective on immigration that is likely to resonate with certain segments of the population.

The legal showdown between Florida and the federal court is expected to continue for some time, with the 11th Circuit Court of Appeals set to review Uthmeier’s motion for a stay. The outcome of this case will likely have far-reaching consequences for immigration enforcement in Florida and potentially across the country, clarifying the extent to which states can enact laws that mirror or supplement federal immigration laws.

In addition to the immigration law challenge, Uthmeier has also announced the launch of an Office of Parental Rights within the Florida Attorney General’s Office. This new office is intended to provide legal support and resources to parents seeking to assert their rights in areas such as education and healthcare. This initiative reflects a broader focus on issues related to parental involvement and control, which have become increasingly prominent in conservative political discourse. Uthmeier describes the Office of Parental Rights as lending "legal firepower to defend parents’ God-given right." This statement further reinforces the Attorney General’s commitment to conservative values and his intention to use the power of his office to advance those values.

The Florida Attorney General’s office is positioning itself at the forefront of legal battles on issues related to immigration and parental rights. These cases are likely to have significant legal and political ramifications, shaping the legal landscape in Florida and potentially influencing policy debates at the national level.