Report: James Uthmeier orders pause to immigration arrests after judge’s ruling

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Is the law constitutional?

Florida’s Attorney General has ordered immigration officials to stand down on enforcing a state law after a federal judge’s rebuke, per the Miami Herald.

Senate Bill 4C proscribes penalties for illegal entry and illegal re-entry, mandates imprisonment for being in Florida without being a legal immigration and capital punishment for any such undocumented immigrant who commits capital crimes.

This comes after lawyers saying up to 15 arrests were made defying an order April 4 from U.S. District Judge Kathleen Williams. She was appointed originally by President Barack Obama.

Williams questions its constitutionality, saying the law is in conflict with the Supremacy Clause and the Commerce Clause of the U.S. Constitution.

The Florida Department of Law Enforcement, the Florida Highway Patrol, the Florida Sheriffs and Florida Police Chiefs have been told to “comply” with Williams’ “directives.” This comes despite Uthmeier’s belief “that the court’s current injunction exceeds that equitable limitation” and shouldn’t apply to law enforcement.

“When I issued the temporary restraining order, it never occurred to me that police officers would not be bound by it,” Williams said Friday in federal court, per the Herald. “It never occurred to me that the state attorneys would not give direction to law enforcement so that we would not have these unfortunate arrests.”

Staff Reports


One comment

  • “FLORIDA ATTORNEY GENERAL COMPLIES WITH COURT ORDER” (headline).

    In ordinary times, this would be unremarkable. You would note your appeal, and the Rule of Law would apply in the meantime. So — now being now — I guess that “Thanks” are in order. Consider yourself thanked.

    (I see a great future for you, young man. Keep it up).

    Reply

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