Florida Attorney General James Uthmeier faces the possibility of contempt charges from a federal judge who has mandated that he direct law enforcement officials to cease the enforcement of a state immigration statute, as reported on Friday.
U.S. District Judge Kathleen Williams, appointed by Obama, ordered Uthmeier to cease the enforcement of a Florida statute that permits state law enforcement to prosecute illegal immigrants entering Florida to evade federal immigration authorities with misdemeanors.
In her decision, Williams indicated that the state law could be unconstitutional, as reported by Fox News, asserting that immigration enforcement is exclusively a federal duty according to the Supremacy Clause of the Constitution.
In response, Uthmeier contended that the state possesses the authority to safeguard its borders against individuals residing in the country unlawfully, particularly those who arrive in Florida to evade federal immigration enforcement.
“The judge expects me to endorse an order that prevents all state law enforcement from executing Florida’s immigration statutes, despite the absence of law enforcement as parties in the lawsuit,” he stated, pledging to resist the order. “I refuse to comply with that directive.
We assert that the court has exceeded its authority and lacks jurisdiction in this matter, and I will not instruct law enforcement to cease performing their constitutional responsibilities,” he remarked to Fox News.
The American Civil Liberties Union (ACLU) initiated legal action to prevent Florida from implementing its law. If Williams were to find Uthmeier in contempt, it is probable that she would instruct the U.S. Marshals to apprehend the Attorney General, leading to a confrontation with the Trump administration, particularly with U.S. Attorney General Pam Bondi, whose Justice Department supervises the Marshals.
“I do not believe that an Attorney General should face contempt charges for upholding the rule of law and maintaining the appropriate separation of powers. The ACLU is determined to hinder President Donald Trump’s initiatives to detain and deport undocumented individuals, and we are prepared to respond vigorously. We will staunchly defend our laws and promote President Trump’s policies regarding illegal immigration,” he stated.
The ACLU expressed its satisfaction with the court’s ruling to continue blocking the law in a press release that intentionally blurred the distinction between an immigrant and an undocumented immigrant.
“This is a victory for human rights, for immigrant families, for justice, for the rule of law, and for all who uphold the Constitution,” remarked Bacardi Jackson, Executive Director of the ACLU of Florida. “Florida lawmakers attempted to transform fear into policy, criminalizing the mere existence of immigrants in this state. The court correctly reminded them that immigration enforcement is a responsibility of the federal government, not a political tool for states to wield.”
This decision reinforces the principles of fairness, justice, and the rule of law—core values that have shaped our nation,” stated Sui Chung, Executive Director of Americans for Immigrant Justice. “SB 4-C unjustly targeted immigrants and disrupted the lives of diligent residents in Florida.”
However, the attorney general asserted that his primary aim was to safeguard the citizens of his state. “This law merely exercises Florida’s inherent sovereign authority to protect its citizens by facilitating the enforcement of federal immigration law,” he remarked. “I conveyed my belief that her subsequent expansion of the order to include nonparties was incorrect, and my office will be presenting this argument shortly.
Today, we submitted a brief outlining why her order cannot possibly prevent Florida’s law enforcement agencies from enforcing Florida Statutes Sections 811.102 and 811.103. We will persist in advocating this stance, including during the appeal process as soon as feasible,” he added. The judge indicated her readiness to issue a preliminary injunction against the law and expressed her astonishment at the attorney general’s disregard for her authority.
