Florida attorney general held in civil contempt over immigration law
A federal judge found Florida's attorney general in civil contempt of court Tuesday for violating a restraining order, which required state attorneys to tell officers to stop enforcing a newly enacted immigration law.
That same judge, Southern Florida District Judge Kathleen M. Williams had issued a temporary restraining order in April halting the enforcement of a law that made it a state crime for any 'adult unauthorized alien' to enter or reenter Florida, with a mandatory minimum prison sentence of nine months. That law had been signed by Gov. Ron DeSantis (R) in February.
Afterward, Florida Attorney General James Uthmeier (R) sent a letter to state law enforcement agencies saying he could not prevent them enforcing the new law. 'It is my view that no lawful, legitimate order currently impedes your agencies from continuing to enforce Florida's new illegal entry and reentry laws,' he wrote in the letter. Williams on Tuesday found this letter to be in contempt of her order.
The letter followed a previous memo from Uthmeier that informed law enforcement agencies of the temporary restraining order and instructed them to comply with it.
But the second letter, which Uthmeier said was sent to clarify his original memo sent five days earlier, told law enforcement: 'Judge Williams ordered my office to notify you of the evolving scope of her order, and I did so. But I cannot prevent you from enforcing [the new law], where there remains no judicial order that properly restrains you from doing so.'
Uthmeier said on X, 'If being held in contempt is what it costs to defend the rule of law and stand firmly behind President Trump's agenda on illegal immigration, so be it.'
Williams, who was appointed by then-President Barack Obama, ordered Uthmeier to file biweekly reports on whether any arrests, detentions or other actions had been made under the new law. He must immediately inform the court if he becomes aware of any arrests, she added. If he does not comply, the court would consider further sanctions such as fines, she wrote.
The lawsuit challenging the Florida law, introduced as Senate Bill 4-C, was led by the Florida Immigrant Coalition and argues that immigration is a federal responsibility.
Bacardi Jackson, executive director of the ACLU of Florida, which is part of the plaintiffs' legal team, said the law is 'not just unconstitutional — it's cruel and dangerous' when the lawsuit was filed in April.
The law also instructs law enforcement to notify federal Immigration and Customs Enforcement (ICE) of any arrests made. A U.S. citizen was arrested and detained for more than 24 hours under the law in April, immigration advocates said.
A federal court appeals panel in Atlanta rejected Uthmeier's challenge to Williams' original restraining order earlier this month.
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