Florida immigration enforcement: AG continues fight against judge halting state immigration law

TALLAHASSEE, Fla. - Florida Attorney General James Uthmeier has fired back yet again at a Miami federal judge who has attempted to halt enforcement of a state immigration law.

Uthmeier said he has submitted a motion to the Atlanta-based 11th Circuit to stay a motion to halt Florida’s illegal immigration law.

The law allows for misdemeanor charges against undocumented immigrants who enter Florida and hope to avoid federal immigration officials.

‘This is Law 101. She doesn’t have jurisdiction.'

What they're saying:

U.S. District Judge Kathleen Williams ruled the law violated the supremacy clause of the U.S. Constitution, while Uthmeier countered that he couldn’t order the Florida Highway Patrol to stop any enforcement because it wasn't party to the order.

"As the late Justice Scalia once said, ‘If securing its territory in this fashion is not within the power of [Florida], we should cease referring to it as a sovereign state,'" Uthmeier said. "My office will 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."

Florida Attorney General James Uthmeier

Uthmeier says Williams doesn't have the proper jurisdiction to make the order.

"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," he said. "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."

In his filing, Uthmeier argued Florida did "nothing more … [but] to aid the United States in curbing illegal immigration within the state’s borders" and didn’t take any actions that would violate the constitution.

"SB 4-C (the law) criminalizes the entry into Florida of those who have illegally entered the United States," he said. "That law tracks federal law to a tee. Florida law defines an ‘unauthorized alien’ as ‘a person who is unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act.'"

Uthmeier says he doesn't believe an AG should be held in contempt for "respecting the rule of law and appropriate separation of powers."

"The ACLU is dead set on obstructing President Donald Trump’s efforts to detain and deport illegals, and we are going to fight back," he said. "We will vigorously defend our laws and advance President Trump’s agenda on illegal immigration."

Lawsuit alleges Florida law violates Supremacy Clause

The backstory:

Williams issued a preliminary injunction last week against the law. The lawsuit that spurred the injunction alleges Florida’s law violates the Supremacy Clause that designates federal laws and authorities as taking precedence over state laws.

Uthmeier told the agencies that Williams ordered him to inform them of the "evolving scope" of the order, but added he couldn't prevent them from enforcing the new law.

Williams said he was "surprised and shocked" by Uthmeier's actions.

"What I am offended by is someone suggesting you don’t have to follow my order, that it’s not legitimate," Williams said.

Florida AG James Uthmeier talks immigration, Monique Worrell case backlog

Florida’s new Attorney General, James Uthmeier, has been making headlines throughout the month. He joined FOX 35’s Ryan Elijah to discuss Florida’s involvement in federal immigration policy and his offer to assist State Attorney Monique Worrell with her case backlog.

Uthmeier then appealed the judge's move the same day.

"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 (is) party to the lawsuit," Uthmeier said. "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."

Uthmeier said he was being threatened with contempt actions.

'Toughest immigration laws in the U.S.

Local perspective:

Under state law, it is a misdemeanor for undocumented immigrants to enter Florida.

Florida Gov. Ron DeSantis signed a number of bills into law in February that seek to address immigration enforcement in the state – and in step with President Donald Trump's efforts to tackle immigration enforcement across the nation. DeSantis said Florida now has the "toughest" state laws on immigration enforcement in the U.S.

The bills – part of a large immigration package and after a brief squabble between DeSantis and state Republicans – eliminate in-state tuition for undocumented immigrants, make it a state crime to enter Florida undocumented and mandate "automatic death penalty" for immigrants convicted of murder, among other provisions.

Opponents said some of these measures would likely be challenged in court.

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