Florida Attorney General Challenges Court Ruling on Immigration Enforcement

EXCLUSIVE: Florida Attorney General James Uthmeier plans to challenge a judge’s order that would halt enforcement of a state immigration law deemed potentially unconstitutional. The law allows law enforcement to file misdemeanor charges against individuals illegally present in Florida, aiming to evade federal immigration authorities.

Uthmeier expressed his concerns about the judge’s request, which he claims seeks to prevent state law enforcement from carrying out their constitutional duties. The legal standoff arises as the American Civil Liberties Union’s lawsuit is being considered by U.S. District Judge Kathleen Williams, an Obama appointee based in Miami.

“The judge wants me to authorize an order that prohibits all state law enforcement from enforcing Florida’s immigration laws, despite no law enforcement agencies being parties to the lawsuit,” Uthmeier stated in an interview. “I refuse to comply with such an order, as I believe the court has overstepped its authority and lacks jurisdiction in this case.”

Uthmeier emphasized that as Attorney General, he intends to uphold the law without fear of contempt for adhering to the principles of law and the separation of powers. The ACLU’s legal actions reflect a broader agenda opposing the initiatives of former President Donald Trump, particularly regarding immigration enforcement, and Uthmeier is committed to defending Florida’s laws vigorously.

Background of the Legal Challenge

The lawsuit leading to the injunction claims that Florida’s law contravenes the Supremacy Clause of the U.S. Constitution, which dictates that federal laws take precedence over state laws. Bacardi Jackson, Executive Director of the ACLU of Florida, articulated the organization’s stance, asserting that state officials have exploited fear to implement immigration policy that criminalizes the mere existence of undocumented immigrants.

“The court has rightly pointed out that immigration enforcement is the responsibility of the federal government, not a tool for states to wield as a political weapon,” Jackson remarked, defending the federal authority in matters of immigration.

Uthmeier Actively Contests the Injunction

On Wednesday, Uthmeier formally requested the court allow the Florida Highway Patrol (FHP) to continue enforcing the law, following reports that Judge Williams expressed dissatisfaction over recent arrests occurring while the law is under appeal in the Eleventh Circuit.

In his communication to state law enforcement agencies, Uthmeier clarified his position, asserting that the law serves to exercise Florida’s inherent sovereignty in protecting its citizens while facilitating compliance with federal immigration standards.

The Implications of the Court’s Order

Williams had indicated her intention to issue a preliminary injunction against the immigration statute, and she expressed astonishment at Uthmeier’s actions. “I am surprised and shocked that he would suggest he does not have to follow my order, which I believe is legitimate,” the judge stated.

Uthmeier’s memo outlined his firm belief that the extension of Williams’ order to nonparties was an error and assured law enforcement agencies that they are not bound by this injunction. His office is prepared to contest this ruling in higher courts should the matter arise.

The Broader Context of Immigration Enforcement in Florida

Florida’s immigration law was designed to support federal efforts in maintaining immigration regulations. Uthmeier’s office argues that the law underscores the state’s commitment to uphold federal immigration policies, enabling local authorities to assist in this enforcement.

A source familiar with the matter revealed that the memo sent to law enforcement outlined Uthmeier’s position, following the court’s unexpected inclusion of the FHP in the injunction despite it not being listed as a party by the plaintiffs.

The Potential Consequences of Non-Compliance

Should Uthmeier face consequences for failing to comply with the court’s ruling, legal experts indicate that the situation may necessitate intervention from U.S. Marshals. This would raise significant questions regarding the balance of power between state enforcement and federal judicial authority.

A Thursday tweet from Uthmeier showcased a meeting with U.S. Marshal Greg Leljedal of the Northern District of Florida, highlighting a cooperative relationship as the Attorney General prepares for what could be a prolonged legal battle.

An Ongoing Legal Saga

The conflict over Florida’s immigration enforcement is poised to unfold over the coming weeks and months as decisions made in higher courts could shape the state’s approach to immigration law. The outcome of this legal struggle will likely set critical precedents for how states navigate immigration enforcement in relation to federal regulations.

As this situation develops, Uthmeier remains steadfast in his commitment to uphold state laws while safeguarding the rights and safety of Florida’s residents.

Fox News Digital’s Stephen Sorace contributed to this report.