Florida immigration enforcement: AG to rebuff judge who ordered halt
TALLAHASSEE, Fla. - Florida Attorney General James Uthmeier says he will rebut a judge’s demand that his office order state law officials to halt enforcement of a state immigration law she ordered paused under suspicion of unconstitutionality.
The law allows for misdemeanor charges against undocumented immigrants who enter Florida and hope to avoid federal immigration officials.
Lawsuit alleges Florida law violates Supremacy Clause
What they're saying:
U.S. District Judge Kathleen Williams issued a preliminary injunction Tuesday against the new Florida law aimed at cracking down on undocumented immigrants. 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.
Late Tuesday night, Uthmeier then appealed the judge's move.
"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 is being threatened with contempt actions.
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.
"I do not believe an AG should be held in contempt for respecting the rule of law and appropriate separation of powers," he said. "The ACLU is dead set on obstructing President Donald Trump’s efforts to detain and deport illegals, and we are going to fight back. We will vigorously defend our laws and advance President Trump’s agenda on illegal immigration."
Bacardi Jackson, executive director of the ACLU of Florida, told the AP that politicians in Tallahassee "tried to turn fear into policy and made it a crime simply to exist as an immigrant in this state."
"The court rightly reminded them: immigration enforcement is a job for the federal government, not a political weapon for states to use," Jackson said in a statement.
On Wednesday, Uthmeier asked the court to let FHP continue to enforce the law, after Williams was reportedly enraged that arrests continued to occur as the law awaits appeal in Atlanta’s 11th Circuit.
"That law does nothing more than exercise Florida’s inherent sovereign authority to protect its citizens by aiding the enforcement of federal immigration law," Uthmeier wrote Wednesday.
That circumstance was precipitated by an April 23 memo from Uthmeier to FHP, the Florida Department of Law Enforcement, sheriffs and police chiefs, in which he wrote that Williams was incorrect in asserting that all Florida law enforcement agencies were bound by the order.
"I explained that I believed her after-the-fact expansion of her order to nonparties was wrong, and that my office would be arguing as much in short order," Uthmeier said. "Today, my office filed a brief explaining why her order cannot possibly restrain Florida’s law enforcement agencies from enforcing Florida Statutes Sections 811.102 and 811.103. We will continue to argue that position — including on appeal as soon as possible."
What happens now?
What's next:
If Uthmeier were to be brought before the judge, the court would likely need the assistance of U.S. Marshal Greg Leljedal of the Northern District of Florida.
A Thursday tweet from Uthmeier showed the two men smiling in his office, with the AG commenting on their "great meeting."
'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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The Source: This story was written based on information gathered from previous reporting and FOX News.