Florida immigration enforcement: AG pushes back against judge's order for halt
TALLAHASSEE, Fla. - Florida Attorney General James Uthmeier has appealed a federal judge's issuing of a preliminary injunction against a new law aimed at cracking down on undocumented immigrants who enter the state.
It was only last week that Uthmeier instructed state law enforcement to halt the arrests of undocumented immigrants under the new law after the judge doubled down on a restraining order against the state.
Now, only five days later, Uthmeier says the judge was legally wrong and that he couldn't prevent local police officers and deputies from enforcing the law.
AG pushes back against immigration enforcement halt
The backstory:
Earlier this month, U.S. District Judge Kathleen Williams issued a temporary restraining order against a state statute that makes it a misdemeanor for undocumented migrants to enter Florida by eluding immigration officials.
Williams said the order, which blocks local police from enforcing a new state immigration law, applied to all local agencies, despite the state’s attorney general stating otherwise in a recent memo.
Williams said she was "surprised and shocked" that Uthmeier told local police that they didn't need to follow her order.
"What I am offended by is someone suggesting you don’t have to follow my order; that it’s not legitimate," Williams said.
Uthmeier then instructed state law enforcement to halt the arrests of undocumented immigrants, despite saying he did not agree with the order.
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What we know:
During a hearing on Tuesday, Williams told attorneys for the state that she planned to issue a preliminary injunction against the statute.
Uthmeier’s office then quickly appealed Tuesday night.
No additional arrests have been reported since Uthmeier's second memo.
Dig deeper:
The judge's order comes after attorneys suing the state revealed authorities have made 15 arrests in the last two weeks, including a U.S. citizen born in Georgia.
Earlier this month, 20-year-old Juan Carlos Lopez Gomez was pulled over by Florida Highway Patrol near the Florida-Georgia border and subsequently taken into custody by immigration officials.
Gomez was charged with illegal entry into Florida and held at the Leon County Jail, where U.S. Immigration and Customs Enforcement (ICE) requested he remain in custody for up to 48 hours. The next day, Gomez was released after his mother provided his birth certificate, Social Security card and state identification card in court.
It is unclear whether Gomez, who was detained under the new law signed by Gov. Ron DeSantis in February, provided identification upon being arrested.
How will Florida enforce new immigration laws?
Private investigator and former detective James Copenhaver joined FOX 35's Garrett Wymer to break down law enforcement's changing perspective on enforcing the new immigration legislation signed by Governor DeSantis yesterday.
'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, as well as information shared by FOX News.