ORLANDO, Fla. (AP) – Authorities are currently unable to enforce a controversial new Florida law that makes it a misdemeanor for individuals residing in the U.S. illegally to enter the state. This ruling comes as the law is being challenged in court, following two recent judicial decisions.
On Monday, U.S. District Judge Kathleen Williams, based in Miami, denied a request from Florida Attorney General James Uthmeier to temporarily suspend her earlier injunction while the case is being appealed. The injunction prohibits law enforcement from implementing the immigration law, with Williams stating that it is likely to be found unconstitutional upon further review.
This ruling follows a decision from the 11th Circuit Court of Appeals earlier in the same month, which rejected a similar appeal from Uthmeier. The appellate judges indicated that the case remains far from resolved, emphasizing that the Attorney General must demonstrate a "strong showing" of likely success on the merits of his argument, which they found he had not achieved. The judges remarked on Uthmeier's "seemingly defiant posture" in response to Williams' previous order.
In light of Williams' initial decision, Uthmeier had issued a memo to state and local law enforcement officers instructing them to refrain from enforcing the law, despite his disagreement with her injunction. However, just five days later, he sent out another memo asserting that the judge was legally incorrect and stated that he could not prevent local police officers and deputies from enforcing the law.
In late September 2023, Judge Williams conducted a hearing in Miami to evaluate whether Uthmeier should face contempt charges or other sanctions for not adhering to her order. As of now, no public decision has been released regarding the outcome of that hearing.
The appellate judges, while acknowledging the possibility that Uthmeier could be correct in believing that the district court's order was overly broad, cautioned that such beliefs do not justify what appeared to be a veiled threat of non-compliance with the order issued by the court.
The ongoing legal battle surrounding this immigration law reflects a broader national discourse on immigration policy and enforcement. As legal challenges continue, the implications of the rulings not only affect the enforcement of specific laws but also set precedents for future immigration legislation and local law enforcement priorities in Florida and potentially across the United States.
