The law, which passed the Florida Legislature earlier this year, marks the misdemeanor charge of illegal immigrants entering the state.
Florida Attorney General James Usmierer filed an motion to federal court on April 30 to enforce a new law in the state that would make illegal immigrants misdemeanors entering Florida by cleaning immigrants.
“The law merely exercises Florida’s inherent sovereignty to protect citizens by supporting the enforcement of federal immigration laws,” the Attorney General wrote in a court filing.
The judge said her ruling applies to all local law enforcement agencies in Florida, as well as “anyone who participates in active concerts or participation with officers, agents, employees, lawyers and state law enforcement agencies.”
Uthmeier sent a letter to Florida law enforcement on April 23, advising Florida law enforcement that “a legal and legitimate order does not prevent (their) agencies from continuing now.”
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Williams set a deadline and hearing to the state attorney general in May, showing why he should not be lightly empty by sending a letter.
“The defendant must be prepared to discuss why Ag Uthmeier’s failure to comply with the court order should not be imposed,” the judge wrote.
Subsequent convictions are three felonys, with a minimum mandatory one year and one day imprisonment and an additional conviction of more than two years.
“State police arrest non-citizens for these entry crimes and re-entry. State prosecutors bring charges to state courts, and state judges determine guilt and impose sentences. The federal government does not control these arrests and prosecutions and has no role at all,” the plaintiff wrote.
On April 4, the judge issued a temporary 14-day restraining order just days after the plaintiff filed the suit. She extended the order for an additional 11 days after learning that Florida Highway Patrol had arrested more than a dozen people in partnership with law, including US citizens.
Uthmeier first sent an April 18 memo to state and local law enforcement officials, informing them of a suspension to enforce the law despite disagreement with the judge’s injunction. Five days later he sent them another letter saying that the judge was legally wrong and that he couldn’t stop them from enforcing the law.
In his application Wednesday, Usmeyer argued that his office is consistent with federal law and that he believes the plaintiff lacks legal status, making him likely to succeed in defending the law.
In their lawsuit, the plaintiffs alleged that Florida law violated the constitutional superiority provisions by overtaking federal authorities for immigration enforcement.
