MIAMI, FL - On Tuesday, April 29th, a federal judge reiterated that her order freezing the enforcement of a new state immigration law in the state of Florida applies to all of the local law enforcement agencies, despite a recent memo saying otherwise from the state's attorney general.
According to Fox News, during the hearing in Miami she told attorneys that she planned to issue a preliminary injunction against a statute that makes it a misdemeanor for illegal immigrants to enter Florida by eluding immigration officials.
U.S. District Judge Kathleen Williams said she was "surprised and shocked" that Florida Attorney General James Uthmeier told local police in a letter that they did not need to follow her order.
She said, "What I am offended by is someone suggesting you don't have to follow my order, that it's not legitimate."
In February, Governor Ron DeSantis signed the legislation as part of President Donald Trump's push to crack down on illegal immigration. Williams issued a 14-day temporary restraining order on April 4th, shortly after a lawsuit was filed by the Florida Immigration Coalition and other groups.
She then extended it another 11 days after learning that Florida Highway Patrol had arrested more than a dozen people. The lawsuit claims the new law violates the Supremacy Clause of the U.S. Constitution by encroaching on federal duties.
After the extension, Uthmeier sent a memo to state and local law enforcement officers telling them to stop enforcing the law, even though he disagreed with the judge's order. Five days later, however, Uthmeier sent another memo saying that the judge was legally wrong and that he couldn't prevent local officers and deputies from enforcing the law.
During the hearing on Tuesday, Williams asked Jeffrey DeSousa, who is representing the Florida Office of the Attorney General, asked why Uthmeier released a memo to law enforcement agencies saying they did not need to follow her order. DeSousa said that his office's position is that a judge's order can only apply to the named parties in the lawsuit being tried.
DeSousa argued that the immigrant groups filing the lawsuit could have named the individual law enforcement agencies in their complaint, rather than just the Florida attorney general, the statewide prosecutor and Florida's 20 state attorneys. ACLU attorney Oscar Sarabia Roman said it would not have been practical to individually name all 373 of the state's law enforcement agencies in their complaint.
He added that the judge's order should have the authority to prevent local police from enforcing the law. CBS News reported that during the hearing, Williams said she agreed with the plaintiffs that the law likely was preempted by federal immigration authority. Among other things, she pointed to the law (SB 4-C) requiring that violators go to jail.
She said, "First, it gives state officials authority to prosecute illegal entry or reentry in cases where federal actors may choose not to. Even if federal and state officials choose to commence parallel dual prosecutions under both laws, SB 4-C's mandatory detention provision limits federal law enforcement discretion to recommend pre-trial release and obstructs federal courts' ability to conduct proceedings requiring defendants' presence."
She added that "SB 4-C requires mandatory prison sentences for state law violators where the INA (Federal Immigration and Nationality Act) allows for a fine or probation for the equivalent federal crime." In addition to granting the preliminary injunction, Williams gave Uthmeier until May 12th to "show cause" why he should not be held in contempt or sanctioned for allegedly violating the temporary restraining order. No additional arrests have been reported since Uthmeier's second memo.
According to Fox News, during the hearing in Miami she told attorneys that she planned to issue a preliminary injunction against a statute that makes it a misdemeanor for illegal immigrants to enter Florida by eluding immigration officials.
U.S. District Judge Kathleen Williams said she was "surprised and shocked" that Florida Attorney General James Uthmeier told local police in a letter that they did not need to follow her order.
She said, "What I am offended by is someone suggesting you don't have to follow my order, that it's not legitimate."
In February, Governor Ron DeSantis signed the legislation as part of President Donald Trump's push to crack down on illegal immigration. Williams issued a 14-day temporary restraining order on April 4th, shortly after a lawsuit was filed by the Florida Immigration Coalition and other groups.
She then extended it another 11 days after learning that Florida Highway Patrol had arrested more than a dozen people. The lawsuit claims the new law violates the Supremacy Clause of the U.S. Constitution by encroaching on federal duties.
After the extension, Uthmeier sent a memo to state and local law enforcement officers telling them to stop enforcing the law, even though he disagreed with the judge's order. Five days later, however, Uthmeier sent another memo saying that the judge was legally wrong and that he couldn't prevent local officers and deputies from enforcing the law.
During the hearing on Tuesday, Williams asked Jeffrey DeSousa, who is representing the Florida Office of the Attorney General, asked why Uthmeier released a memo to law enforcement agencies saying they did not need to follow her order. DeSousa said that his office's position is that a judge's order can only apply to the named parties in the lawsuit being tried.
DeSousa argued that the immigrant groups filing the lawsuit could have named the individual law enforcement agencies in their complaint, rather than just the Florida attorney general, the statewide prosecutor and Florida's 20 state attorneys. ACLU attorney Oscar Sarabia Roman said it would not have been practical to individually name all 373 of the state's law enforcement agencies in their complaint.
He added that the judge's order should have the authority to prevent local police from enforcing the law. CBS News reported that during the hearing, Williams said she agreed with the plaintiffs that the law likely was preempted by federal immigration authority. Among other things, she pointed to the law (SB 4-C) requiring that violators go to jail.
She said, "First, it gives state officials authority to prosecute illegal entry or reentry in cases where federal actors may choose not to. Even if federal and state officials choose to commence parallel dual prosecutions under both laws, SB 4-C's mandatory detention provision limits federal law enforcement discretion to recommend pre-trial release and obstructs federal courts' ability to conduct proceedings requiring defendants' presence."
She added that "SB 4-C requires mandatory prison sentences for state law violators where the INA (Federal Immigration and Nationality Act) allows for a fine or probation for the equivalent federal crime." In addition to granting the preliminary injunction, Williams gave Uthmeier until May 12th to "show cause" why he should not be held in contempt or sanctioned for allegedly violating the temporary restraining order. No additional arrests have been reported since Uthmeier's second memo.
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Comments
2025-05-03T21:36-0400 | Comment by: Steven
The lawsuit claims the new law violates the Supremacy Clause of the U.S. Constitution by encroaching on federal duties. In order to violate the Supremacy Clause, a state/local law must require something Federal law prohibits, or prohibit something Federal law requires. In other words, unless complying with state law violates Federal law, the Supremacy Clause doesn't apply.
2025-05-04T21:33-0400 | Comment by: James
Arrester and put her in prison!
2025-05-05T11:32-0400 | Comment by: Chris
Judges that violate their oaths need to bee arrested and dealt with. We cannot allow them to cripple our country with empty, unconstitutional ruling in matters they have no jurisdiction over. Law enforcement should cooperate with federal enforcement. We are supposed to be a UNION of states but these criminal judges abuse their positions to subvert our country.