MIAMI — Florida’s top legal officer has approached federal courts with a request for permission to implement a controversial state law targeting individuals in the U.S. illegally. The legislation aims to classify the act of entering Florida while bypassing immigration authorities as a misdemeanor.
State Attorney General James Uthmeier submitted the request to U.S. District Judge Kathleen Williams in Miami, simultaneously seeking a pause on the enforcement delay she has imposed amid ongoing legal challenges. The matter is currently under appeal to the 11th Circuit Court of Appeals based in Atlanta.
According to Uthmeier, the legislation is a legitimate exercise of Florida’s sovereign right to enhance citizen safety by complementing federal immigration law enforcement, as outlined in his court submissions.
Judge Williams’ recent order highlighted significant potential for the new law to be declared unconstitutional. Her Tuesday ruling also emphasized that the order blocking its enforcement covered all state and local law enforcement agencies, contradicting a previous communication from Uthmeier. The judge ordered a hearing for May to deliberate whether Uthmeier should face contempt charges for that communication.
“Defendants are expected to explain why sanctions should not be administered due to AG Uthmeier’s non-compliance with a court directive,” stated the judge in her instructions.
A temporary restraining order, initially set by Judge Williams for 14 days on April 4 following the launch of the lawsuit by the Florida Immigrant Coalition and allies, has since been extended by 11 days. This decision followed reports that the Florida Highway Patrol had conducted arrests under the law, affecting over a dozen people, including a U.S. citizen.
Following the order’s extension on April 18, Uthmeier directed law enforcement to halt enforcement actions, despite objecting to the injunction. However, within a week, he retracted with another notification, opposing the judge’s legal conclusion and deferring to local officers’ discretion regarding enforcement.
In the state’s plea for a stay on the order, Uthmeier argued on Wednesday that the likelihood of prevailing in court was high, as the opponent’s standing was questionable and that state law aligned with federal provisions.
The legal challenge against the law asserts that it infringes on the U.S. Constitution’s Supremacy Clause by interfering with federal responsibilities.
“Florida lawmakers have unfortunately sought to motivate policy through generating fear, criminalizing existence as an immigrant,” commented Bacardi Jackson, executive director of the ACLU of Florida, in a statement. “The court correctly reminded them that immigration enforcement falls under federal jurisdiction and should not be manipulated by states as a political instrument.”