A federal judge on Tuesday said she was “surprised and shocked” when state Attorney General James Usmieyer first ordered officers not to comply with the orders to not arrest immigrants who are illegally in Florida, but later said that she “cannot be prevented” from being arrested under new state law.
US District Judge Kathleen Williams is considering whether to find Usmeyer at the court’s light empty.
Williams issued a preliminary injunction late Tuesday, banning all state law enforcement and police agencies from arresting immigrants who are illegally coming to Florida in the country. She also plans to have a critical hearing in late May, which could lead to her being held by court denial for disrespecting her previous restraining orders in an immigration case.
Williams has no choice but to tell officers that the state attorney general’s order can be arrested for “pushing everything out of the bluff” and allow Usmeyer to explain why she shouldn’t be holding him down by emptiing the order. The judge consulted him at a hearing Tuesday about giving the Attorney General’s lawyer a short break and retracting his advice to police officers to ignore her orders, but they said Usmeier had not retreated from his position.
“What makes me offend is the person who suggests you don’t have to follow my orders. That’s not legal,” Williams said.
The showdown between a federal judge and the state attorney general comes almost a month after immigration groups and their lawyers filed a lawsuit filed against UTHMEIER and state prosecutors across Florida. After the lawsuit was filed earlier this month, Williams issued two temporary restraining orders banning state officials from enforcing new laws.
Florida’s development coincides with President Donald Trump’s Justice Department, led by Florida Attorney General Pam Bondy, efforts to question the scope of the federal judge’s orders. Justice Department lawyers have asked the Supreme Court to limit federal judges’ powers to issue national injunctions in immigration and other cases.
Here’s what sparked the conflict in Miami federal court: Last Wednesday, Usmier told the Florida Department of Law Enforcement and other police agencies that it could continue to enforce state laws criminalizing illegal immigrants who have arrived in Florida.
That day, Williams scolded the attorney general’s office attorney general after learning that Florida Highway Patrol officials had arrested more than 12 people, including US citizens. The order was applied to people who were “actively performing or taking part” with the accused named in the immigration group lawsuit. Williams said her order was also banned from Florida’s appointed defendants, the state attorney general, and state, county and local police officers.
He said he was “shocked” by the Florida Highway Patrol’s arrest, Williams extended the 11-day ruling, obstructing the enforcement of state immigration laws until Tuesday, April 29th. The latest order spells that the Florida Department of Law Enforcement, the Florida Highway Patrol and all other police agencies have been detained by the sentence.
After the April 18 hearing, Uthmeier sent a memo to state and local law enforcement officers and told them that despite his opposition to it, he must “restrain” the law and “restricted” from following the judge’s orders.
“Instruct officers and agents to follow Judge Williams’ orders,” he wrote in the memo.
But five days later, he changed his mind and said that her latest order was legally “wrong.”
“Judge Williams ordered my office to inform you of the evolving scope of her orders. I did,” Usmeyer wrote in another memo on Florida law enforcement. “But I cannot prevent you from enforcing any judicial orders remaining that properly suppress you from doing so (the state immigration law).”
In a court filing leading up to Tuesday’s hearing, Uthmeier’s office argued that the immigration group case applies only to his office in Florida and state prosecutors, saying “the court’s ruling binds only parties to the lawsuit.”
His office’s lawyers argued that the judge’s decision would not be applied to “independent” law enforcement agencies, such as the Florida Highway Patrol, the Florida Department of Law Enforcement, the county sheriff’s office and local police.
“They are not a party,” the Attorney General’s office argued, as it was not “active concerts or participation” with his office in Florida or with state prosecutors.
Uthmeier’s office alleged that the defendant “has no authority to control or direct” the actions of state and local law enforcement agencies.
“The Attorney General has conveyed the opinion (the judge) that law enforcement should not be arrested under (state immigration law), but he did so only to comply with this court order.
At a hearing Tuesday, Jeffrey DeSousa, representative attorney general in the Florida Attorney General’s office, repeated the argument.
“There was a problem with the scope of the order,” Dessa told the judge, claiming it didn’t apply to local, county, or state law enforcement agencies.
Williams said “it was somewhat shocking to me” that he would advise Florida police officers that they could arrest immigrants who lived in the country illegally while admitting that her restraining orders prohibit national prosecutors from enforcing the law.
“I’m worried that the defendant won’t be able to grasp the unique nature of law enforcement,” said Williams, who was appointed federal judge in 2011 by President Barack Obama.
ACLU lawyer Oscar Saravia is one of several supporters in the Miami case, claiming Williams’ orders ban all state authorities and police agencies from enforcing the law.
“It’s clear from the years’ precedent,” Saravia said. “The court should hold that all law enforcement agencies in Florida are bound by a court injunction.”
Meanwhile, a state prosecutor appointed in the immigration group case told local and county police officers to follow Williams’ restraining orders.
“It reminded Miami-Dade law enforcement officers that Judge William’s orders are maintained and officers are prohibited from enforcing state law,” said Miami-Dade State Attorney Catherine Fernandez Randle.
Times/Herald Tallahassee Bureau Reporter Ana Ceballos contributed to this story.
