Florida Attorney General Challenges Federal Judge Over Immigration Law Halt

FIRST ON FOX: Florida Attorney General James Uthmeier responded strongly on Wednesday to the ruling of a Miami federal judge who sought to suspend the enforcement of a significant state immigration law.

Uthmeier confirmed to Fox News Digital that he submitted a motion to the 11th Circuit Court of Appeals in Atlanta, contesting the judge’s order that aimed to halt Florida’s illegal immigration law.

He emphasized, “As the late Justice Scalia once remarked, ‘If securing its territory in this fashion is not within the power of [Florida], we should cease referring to it as a sovereign state.’ My office will pursue this judge’s order fiercely, as we continue our partnership with the Trump administration to remove every illegal alien and defend our state and nation’s sovereignty.”

Law Enforcement and State Sovereignty

Uthmeier previously informed Judge Kathleen Williams that he could not instruct law enforcement officers to disregard the new law, which designates a misdemeanor for illegal immigrants entering Florida to evade federal authorities.

Judge Williams ruled that the law breached the supremacy clause of the U.S. Constitution. However, Uthmeier maintained that he couldn’t order the Florida Highway Patrol to halt any enforcement since they were not parties in the case.

“Florida cops don’t need my permission to do their jobs. The judge cannot order law enforcement officials to refrain from duty when they are not involved in this case,” Uthmeier remarked during an exclusive interview with Fox News Digital on Wednesday.

He further stated, “This is Law 101. She lacks the jurisdiction. We expect the appellate court to address the issues created by the lower court and affirm that, as ‘the least dangerous branch,’ district court judges must adhere to their constitutional boundaries.”

Florida’s Legislative Intent

In his formal documentation, Uthmeier articulated that Florida aimed to assist the U.S. in managing illegal immigration within the state’s borders, asserting that the state acted within constitutional limits.

“SB 4-C, the law in question, criminalizes the entry into Florida of individuals who have illegally entered the United States. This legislation aligns closely with federal law,” he stated.

Legal Definitions and Implications

According to Florida law, an ‘unauthorized alien’ refers to a person unlawfully present in the United States as per the federal Immigration and Nationality Act.

“I do not believe an Attorney General should face contempt charges for adhering to the rule of law and maintaining an appropriate separation of powers. The ACLU is determined to hinder President Trump’s initiatives to detain and deport illegal immigrants, and we will vigorously oppose this. Our commitment is to robustly support our laws and advance the president’s agenda concerning illegal immigration,” Uthmeier concluded.

Impacts and Further Developments

The conflict between Uthmeier and the federal judiciary highlights a broader debate regarding states’ rights versus federal authority, especially on immigration issues. While the judge’s ruling reflects a judicial pushback against state policies perceived to contravene federal law, the Attorney General’s insistence on enforcement underscores a proactive approach to state governance.

The outcome of Uthmeier’s appeal could set a significant precedent for how states can navigate immigration laws in relation to federally mandated policies. As the legal battle unfolds, it may shed light on the respective powers and limitations of state and federal governments concerning immigration enforcement.

As this situation develops, stakeholders from various sectors, including legal experts, lawmakers, and immigration advocates, will closely monitor the proceedings and their implications for future state policies on immigration.

A Note on Legal Proceedings

The legal arena concerning immigration remains contentious. Uthmeier’s actions may be viewed as part of an ongoing effort by certain states to assert local authority amid a complex and evolving landscape of immigration law.

The dialogue initiated by this case is likely to resonate beyond Florida, influencing similar legislative discussions in other states as they grapple with similar issues. The balance between enforcing state laws and respecting federal guidelines will continue to be a focal point in the coming months.