Florida Law Enforcement Continues Arrests Under Blocked Immigration law, judge Finds
BRADENTON, Fla. - Despite a federal judge’s order halting enforcement months ago, florida law enforcement officers are continuing to make arrests under the state’s controversial immigration law, prompting a rebuke and ongoing monitoring of the state’s top law enforcement official.Two men were arrested over the weekend in Bradenton on charges related to the law, which makes it a misdemeanor for individuals without legal permission to enter the state.
U.S. District Judge Kathleen Williams issued a temporary restraining order and injunction in April, freezing the enforcement of the statute, which penalized those entering Florida by “eluding” immigration officials. The arrests this weekend - one on Saturday and one on Sunday – demonstrate continued defiance of that order, despite previous guidance from florida Attorney General Ashley Moody’s office to law enforcement. Both men initially faced a state charge of illegal entry, but prosecutors will drop those charges. The man arrested Saturday was also charged with driving with an expired license, while the man arrested Sunday faced a charge of driving without a valid license.
The law was championed by Gov. ron DeSantis as a way to address illegal immigration within the state, but Judge Williams found it likely infringed on the federal government’s authority over immigration matters. Florida argues the law doesn’t infringe on federal authority, stating in a recent court filing that once the federal government makes a decision on who may enter the U.S., “an unlawfully present alien may not enter or remain in Florida.”
Following Williams’ initial order,Florida Department of Law Enforcement Commissioner Mark Uthmeier initially instructed officers to refrain from enforcing the law,even while disagreeing with the injunction. He later reversed course, stating he coudl not prevent officers from enforcement. Judge Williams later found Uthmeier in civil contempt for flouting her order.
Consequently, the judge requires Uthmeier to file bimonthly reports detailing any arrests, detentions, or law enforcement actions taken under the law. A footnote in Monday’s report indicated both weekend arrests were made by the same officer, and local prosecutors will remind the Bradenton Police Department officer of the judge’s injunction. The state has appealed Williams’ injunction, seeking to have it vacated or narrowed.