Florida Attorney General Defies Judge’s Order on Immigration Law Enforcement
Florida Attorney General James Uthmeier is locked in a legal showdown with a federal judge over the enforcement of a controversial state immigration law. The law, which allows for misdemeanor charges against individuals who illegally enter Florida with the intention of evading federal immigration authorities, has been met with strong opposition and legal challenges.
The central point of contention is a ruling by Miami federal judge Kathleen Williams, appointed during the Obama administration, who ordered a temporary halt to the law’s enforcement, citing concerns about its constitutionality. Williams believes the law infringes upon the federal government’s authority over immigration matters, violating the Supremacy Clause of the U.S. Constitution.
Uthmeier, however, has refused to comply with the judge’s demand that his office direct state law enforcement agencies to cease enforcing the law. He argues that the court has overstepped its jurisdiction and that he cannot instruct law enforcement officers to disregard their constitutional duties.
"The judge wants me to put my stamp of approval on an order prohibiting all state law enforcement from enforcing Florida’s immigration laws when no law enforcement are party to the lawsuit," Uthmeier stated. "I’m just not going to do that. We believe the court has overstepped and lacks jurisdiction there, and I will not tell law enforcement to stop fulfilling their constitutional duties."
The legal challenge to the Florida immigration law was initiated by the American Civil Liberties Union (ACLU), which argues that the law is discriminatory and an overreach of state authority. Bacardi Jackson, executive director of the ACLU of Florida, accused state politicians of using "fear" to create a policy that criminalizes the mere presence of immigrants in the state.
"Politicians in Tallahassee tried to turn fear into policy and made it a crime simply to exist as an immigrant in this state," Jackson said. "The court rightly reminded them: immigration enforcement is a job for the federal government, not a political weapon for states to use."
The dispute escalated when Williams expressed her dismay that arrests continued to occur under the law, even as its legality was being appealed in the 11th Circuit Court of Appeals in Atlanta. In response, Uthmeier requested the court to allow the Florida Highway Patrol (FHP) to continue enforcing the law.
Uthmeier defended the law as an exercise of Florida’s inherent right to protect its citizens by assisting in the enforcement of federal immigration law. He emphasized that the law does nothing more than support federal efforts to control immigration within the state’s borders.
In a memo to FHP, the Florida Department of Law Enforcement, sheriffs, and police chiefs, Uthmeier asserted that Williams was incorrect in assuming that her order applied to all Florida law enforcement agencies. He clarified that his office would argue against the expansion of the order to non-parties and would continue to defend the law’s validity, including through an appeal.
Williams responded to Uthmeier’s actions with strong disapproval. "What I am offended by is someone suggesting you don’t have to follow my order, that it’s not legitimate," she stated, indicating her frustration with the Attorney General’s defiance of her ruling.
A source familiar with the situation revealed that the memo was issued after FHP was added to the court order, despite the fact that the police force was not explicitly included in the ACLU’s original filing. This suggested that state police would not be bound by any injunction in the case.
The potential consequences for Uthmeier could be significant. He faces the possibility of being held in contempt of court for refusing to comply with the judge’s order. If Uthmeier were to be brought before the judge, the court would likely require the assistance of U.S. Marshal Greg Leljedal of the Northern District of Florida. Interestingly, Uthmeier recently posted a photo on social media showing him and Leljedal smiling in his office, commenting on their "great meeting."
Uthmeier remains steadfast in his position, asserting that he is acting in accordance with the rule of law and the appropriate separation of powers. He also emphasized his commitment to supporting President Donald Trump’s agenda on illegal immigration.
"The ACLU is dead set on obstructing President Donald Trump’s efforts to detain and deport illegals, and we are going to fight back," Uthmeier stated. "We will vigorously defend our laws and advance President Trump’s agenda on illegal immigration."
This legal battle underscores the deep divisions and conflicting interpretations of immigration law and the balance of power between the federal government and individual states. It also highlights the contentious political climate surrounding immigration policy in the United States. The outcome of this case could have far-reaching implications for immigration enforcement and the rights of states to enact their own immigration laws.
