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CBS News
2 days ago
- Politics
- CBS News
Florida immigration law that targets undocumented immigrants who enter state remains blocked
A federal appeals court Friday kept on hold a new Florida law targeting undocumented immigrants who enter the state, rejecting arguments by Attorney General James Uthmeier that enforcement should at least temporarily be allowed. U.S. District Judge Kathleen Williams in April issued a preliminary injunction to block the law, which she said was likely preempted by federal immigration authority. Uthmeier appealed the injunction to the 11th U.S. Circuit Court of Appeals and asked for a stay of Williams' ruling. Such a stay could have allowed the law to be enforced while the legal battle plays out. But a three-judge panel of the Atlanta-based court Friday rejected the request for a stay. The panel said its decision "does not definitively resolve" whether federal immigration law preempts — essentially takes precedence over — the state law, but it said Uthmeier had not met tests for a stay. "It seems likely — given the federal government's longstanding and distinct interest in the exclusion and admission of aliens, and the (federal) Immigration and Nationality Act's extensive regulation of alien admission — that this principle is satisfied with respect to the field of alien entry into and presence in the United States," said the decision shared by Judges Jill Pryor, Kevin Newsom and Embry Kidd. "Accordingly, the attorney general has not made a 'strong showing' that the district court was wrong to conclude that SB 4-C is likely field preempted." The decision also delved into a contentious issue about whether Williams' preliminary injunction only should apply to Uthmeier and state attorneys or whether it should apply more broadly to law-enforcement officers across the state. Williams ordered it to apply broadly, but Uthmeier has argued it should only apply to him and state attorneys, who are the named defendants in the case. The issue has become so contentious that Williams held a hearing last week about whether she should find Uthmeier in contempt. The appeals court Friday declined to issue a partial stay that would have applied Williams' ruling only to Uthmeier and state attorneys and potentially allowed police to enforce the law. The panel also appeared to take issue with Uthmeier's actions, citing his "seemingly defiant posture vis-à-vis the district court. Again, he may well be right that the district court's order is impermissibly broad. But that does not warrant what seems to have been at least a veiled threat not to obey it." The law, passed during a February special legislative session, created state crimes for undocumented immigrants who enter or re-enter Florida. The Republican-controlled Legislature said the law was aimed at helping carry out President Donald Trump's policies on preventing illegal immigration. But attorneys for the Florida Immigrant Coalition, the Farmworker Association of Florida and two individual plaintiffs filed the challenge in federal court in South Florida, alleging the state law is unconstitutional. In issuing the preliminary injunction, Williams pointed to issues such as the law (SB 4-C) requiring that violators go to jail. She indicated that could conflict with federal immigration authority. "First, it gives state officials authority to prosecute illegal entry or reentry in cases where federal actors may choose not to," the judge wrote. "Even if federal and state officials choose to commence parallel dual prosecutions under both laws, SB 4-C's mandatory detention provision limits federal law enforcement discretion to recommend pre-trial release and obstructs federal courts' ability to conduct proceedings requiring defendants' presence. Relatedly, state officials are free to prosecute a charge under SB 4-C even while a federal immigration proceeding is underway, which may determine that the defendant may remain lawfully present under federal law." In a May 7 motion asking the appeals court for a stay, lawyers in Uthmeier's office disputed that the law improperly infringed on federal immigration authority. "To aid the United States in curbing illegal immigration within the state's borders, SB 4-C criminalizes the entry into Florida of those who have illegally entered the United States," the motion said. "That law tracks federal law to a tee. It also retains federal-law defenses and says nothing of who should be admitted or removed from the country."
Yahoo
29-05-2025
- Politics
- Yahoo
U.S. judge contemplates holding AG Uthmeier in contempt of court
Attorney General James Uthmeier speaks during a National Day of Prayer event at the Capitol complex on May 1, 2025. (Photo by Jay Waagmeester/Florida Phoenix) MIAMI — A federal judge locked horns repeatedly with the prominent lawyer defending Attorney General James Uthmeier during a hearing Thursday on potential sanctions against the state's top legal officer amid a suit over a new state immigration law. U.S. Judge Kathleen Williams stated multiple times that Uthmeier was not above the law and that he had to abide by the court's orders. But Uthmeier may emerge from the legal quarrel relatively unscathed despite drawing Williams' ire for calling illegitimate and unlawful her order temporarily blocking the immigration law that led to the arrest of a U.S. citizen. Although it would be extraordinary for a judge to hold a Florida attorney general in contempt, the sanctions discussed during the hearing included having Uthmeier issue another directive, which she offered to write, to law enforcement clarifying that they can't enforce a law making it a first-degree misdemeanor for a person to enter the state as an 'unauthorized alien.' 'There needs to be an appreciation and abiding by court order, or else this all becomes anarchy,' Williams said. Uthmeier didn't attend the hearing. Plaintiffs' attorneys — from the ACLU Foundation of Florida, ACLU Foundation Immigrants' Rights Project, Americans For Immigrant Justice, and Community Justice Project — also want the judge to make the state pay their fees and establish a way to provide legal help for anyone who may have been arrested under the state law after April 18. The groups filed the suit on behalf of the Florida Immigrant Coalition, the Farmworker Association of Florida, and two women lacking permanent legal status. Feds blame U.S. citizen for his arrest under suspended immigration law An investigation by the Tampa Bay Times found that law enforcement arrested 25 people after Williams first blocked the law on April 4, but didn't find any arrests after April 18, when Williams ordered Uthmeier to notify law enforcement about her order. Juan Carlos Lopez-Gomez, a U.S. citizen from Georgia, was one of those arrested by a Florida Highway Patrol trooper. The 20-year-old's arrest, first reported by Florida Phoenix, garnered international attention. At the heart of the hearing was a letter Uthmeier sent to law enforcement agencies, sheriffs, and police chiefs on April 23, stating that he couldn't stop them from making arrests under SB 4C, and that, in his view, 'no lawful, legitimate order currently impedes your agencies from continuing to enforce Florida's new illegal entry and reentry laws.' The April 23 letter came after another that Uthmeier had sent five days earlier, following Williams' order, stating that no arrests should take place. Uthmeier brought in Jesse Panuccio, who'd been acting U.S. associate attorney general for parts of President Donald Trump's first term, to represent him on Thursday. Panuccio got into heated back-and-forths with Williams over what he called an unfair interpretation of the letter that took it out of context. Panuccio, whom Uthmeier had named co-chairman of his transition team following his appointment as AG three months ago, scolded the judge for bringing up comments Uthmeier made in interviews and for talking about his social media posts. 'You invited me to consider context, and I am considering context,' Williams said to Panuccio. Elected or appointed officials, such as Uthmeier, shouldn't be policed over the comments they make in public as part of their job, Panuccio said. Gov. Ron DeSantis appointed Uthmeier, his then-chief of staff, to the top legal spot in the state in February. 'They do engage in puffery that has been part of our politics since the dawn of the republic,' Panuccio said. The judge is also contemplating requiring the defendants to submit weekly or monthly reports on arrests under the suspended law. The lack of reported arrests pointed to a consensus that Uthmeier's letter didn't violate the court order, Panuccio said. Cody Wofsy, deputy director of the ACLU Immigrants' Rights Project, told the judge that the lack of arrests didn't exempt Uthmeier from the consequences of disobeying her order. 'It's not because of the attorney general's conduct, it's in spite of it,' Wofsy said. Leading up to the hearing, Uthmeier said during an interview that aired on Newsmax on May 6 that he wouldn't rubber stamp her order. Williams brought up that interview when she said she could write another letter and make Uthmeier send it to law enforcement groups. 'He need have no qualm about it being authorized by him,' she said. Uthemeier and the other defendants — the statewide prosecutor and state's attorneys — have appealed to the U.S. Court of Appeals for the Eleventh Circuit Williams' injunction barring enforcement of the law. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
02-05-2025
- Politics
- Yahoo
Defiant Uthmeier says he won't tell cops to stop arrests under suspended immigration law
Attorney General James Uthmeier speaks during a National Day of Prayer event at the Capitol complex on May 1, 2025. (Photo by Jay Waagmeester/Florida Phoenix) Despite possibly facing contempt sanctions, Attorney General James Uthmeier won't tell law enforcement to comply with a federal judge's order suspending an immigration law that led to the arrest of a U.S. citizen. U.S. District Judge Kathleen Williams is considering holding Uthmeier in contempt over his greenlighting of arrests under a law making it a first-degree misdemeanor for a person to enter the state as an 'unauthorized alien' — despite her order temporarily blocking enforcement. The law adds heightened penalties for re-entry. In his first acknowledgement of the possible sanctions reported Tuesday, Uthmeier told Fox News Digital that he won't tell law enforcement to 'stop fulfilling their constitutional duties.' The attorney general's press secretary didn't respond to multiple requests for comment from the Florida Phoenix. 'I do not believe an AG should be held in contempt for respecting the rule of law and appropriate separation of powers,' Uthmeier said. 'The ACLU is dead set on obstructing President Donald Trump's efforts to detain and deport illegals, and we are going to fight back. We will vigorously defend our laws and advance President Trump's agenda on illegal immigration.' U.S. judge slams state AG for calling court's block on immigration law illegitimate Williams scheduled a hearing on May 29 in the Miami federal court to discuss sanctions against Uthmeier over his defiance of her court order in his April 23 letter to law enforcement stating that there wasn't a legitimate order stopping them from arresting people under the entry and reentry law. But that April 23 letter was a pivot from another letter Uthmeier sent five days earlier, telling law enforcement agencies, sheriffs, and police chiefs that they shouldn't arrest anyone under SB 4C, which Gov. Ron DeSantis signed on Feb. 13 and Williams temporarily blocked on April 4. 'Color me surprised and shocked,' Williams said, asking what had happened in the five days between the letters, during a Tuesday hearing. His office did not say whether Uthmeier would attend the hearing. Uthmeier has been attorney general since February. DeSantis appointed his former chief of staff to replace Ashley Moody after her ascension to the U.S. Senate, another appointment by the governor. SUPPORT: YOU MAKE OUR WORK POSSIBLE Along with the contemplation of sanctions, Williams on Tuesday suspended the law for the remainder of the litigation. However, the defendants — Uthmeier, the statewide prosecutor, and state attorneys — almost immediately filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit. They've also asked Williams to remove her block. The Florida Immigrant Coalition, The Farmworker Association of Florida, and two women lacking permanent legal status brought the suit against the state claiming the law is unconstitutional because federal law governs entry into the country. 'This case is about more than one law — it's about whether our leaders will follow the Constitution,' said Amy Godshall, an immigrants' rights attorney at the ACLU of Florida, in a press release Wednesday. Americans for Immigrant Justice and the Community Justice Project attorneys also represent the plaintiffs. Uthmeier's argument is that the court's order doesn't apply to law enforcement, including the Florida Department of Law Enforcement and the Florida Highway Patrol, because those entities are not named defendants and he lacks authority to discipline them. Still, Williams showed irritation with that argument Tuesday, saying Uthmeier's statements on social media showed he exercises authority over law enforcement agencies. The defendants' position that arrests should continue even if prosecutors can't carry forward the cases raised grave constitutional concerns with due process, Williams wrote in her order. Continued arrests following the suspension of the law had also prompted frustration from Williams, who mentioned in her order the arrest of a U.S. citizen in Leon County. An FHP trooper arrested Juan Carlos Lopez-Gomez, a 20-year-old born in Georgia, on April 16. The case garnered national attention following the Florida Phoenix's reporting of the arrest without probable cause and Lopez-Gomez's subsequent release from the Leon County Jail. No arrests under the suspended law have taken place since Williams further clarified on April 18 that her order applies to law enforcement, Acting Solicitor General Jeffrey DeSousa told Williams during the Tuesday hearing. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
21-04-2025
- Politics
- Yahoo
Dems want answers on U.S. citizen arrest after police ordered to stand down on immigration law
Two protesters demanding Juan Carlos Lopez-Gomez's release from Leon County jail hugged him and his mother in the parking lot of the jail on April 17, 2025. (Photo by Jackie Llanos/Florida Phoenix) House Democratic Leader Fentrice Driskell said Monday the DeSantis administration needs to answer for the arrest last week of Juan Carlos Lopez-Gomez, a U.S. citizen, under a suspended immigration law. During a press conference Monday, Driskell highlighted Florida Highway Patrol's arrest of Lopez-Gomez on Wednesday, when he was a passenger in a car during a traffic stop on his way to work from Cairo, Georgia, to Tallahassee. The 20-year-old, born in Georgia, was charged under a temporarily suspended law making it a first-degree misdemeanor to illegally enter the state as an 'unauthorized alien.' The case garnered national attention following Florida Phoenix's reporting on Thursday. Lopez-Gomez was released from jail Thursday evening, but U.S. Immigration and Customs Enforcement is in custody of the driver of the car, who doesn't enjoy legal permanent status, in a Broward County transitional center. 'We are a nation of laws, and no one — not Ron DeSantis, not Donald Trump — no one gets to decide to imprison people without cause,' Driskell said. 'We need better answers about this. Ron DeSantis and his administration need to answer for this unlawful arrest, and for the pain and suffering they caused, and the fear that they continue to stoke throughout our communities.' Although Attorney General James Uthmeier argues that the federal prohibition on enforcement of the law, SB 4C, doesn't apply to law enforcement, he sent a memo Friday to FHP, the Florida Department of Law Enforcement, police chiefs, and sheriffs stating that they shouldn't arrest or detain anyone under the suspended law. 'I should also note that while my office represents the current defendants named in this case, it does not represent nonparties like your law enforcement agencies,' Uthmeier wrote in the memo. The new attorney general, who used to be Gov. DeSantis' chief of staff, said the state would continue this argument in the federal court for the Southern District of Florida or an appellate court. His memo came at the direction of U.S. District Court Judge Kathleen Williams on Friday, when she extended the bar on enforcement until the next hearing on April 29. The judge had barred enforcement of the law on April 4, a little over a month after DeSantis signed it, and she expressed frustration during the Friday hearing in Miami about Lopez-Gomez's arrest. Immigrant advocacy groups, Florida Immigrant Coalition and Farmworker Association of Florida Inc., and two women without permanent legal status are suing Uthmeier, the statewide prosecutor, and state attorneys over the constitutionality of the law. 'We appreciate that the federal courts have seen through this blatantly unconstitutional law, but the reality is that, without enforcement, it seems that local law enforcement and Florida Highway Patrol are continuing to ignore the judge and order,' said Miriam Fahsi Haskell, an attorney for Community Justice Project representing the plaintiffs, in a phone interview with the Phoenix Friday. 'The reality is that once a person is arrested under SB 4C and booked into jail, that person risks then having an ICE hold on them.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
18-04-2025
- Politics
- Yahoo
Federal judge extends block on Florida immigration law that led to arrest of a U.S. citizen
Sebastiana Gomez-Perez puts her arm around her son, Juan Carlos Lopez-Gomez, after his release from Leon County Jail on April 17, 2025. (Photo by Jackie Llanos/Florida Phoenix) A federal judge brought up the arrest in Leon County of Juan Carlos Lopez-Gomez, a U.S. citizen born in Georgia, during a hearing Friday in which she extended her block of the new Florida immigration law until April 29. U.S. District Court Judge Kathleen Williams expressed frustration about the arrests of Lopez-Gomez and others, said an attorney representing the immigrants and groups suing the state. At issue is Williams' April 4 order temporarily barring enforcement of a law passed during a special session earlier this year making it a first-degree misdemeanor to illegally enter the state as an 'unauthorized alien.' A Florida Highway Patrol trooper's arrest of Lopez-Gomez on Wednesday prompted national attention following Florida Phoenix's reports that he was set to remain in jail because U.S. Immigration and Customs Enforcement had placed a 48-hour hold on him — even after a Leon County judge determined there had been no probable cause for the arrest. Lopez-Gomez was released from Leon County jail on Thursday evening. The 20-year-old held his mother in a tight embrace and wept when they reunited. 'We appreciate that the federal courts have seen through this blatantly unconstitutional law, but the reality is that, without enforcement, it seems that local law enforcement and Florida Highway Patrol are continuing to ignore the judge and order,' said Miriam Fahsi Haskell, an attorney for Community Justice Project representing the plaintiffs, in a phone interview with the Phoenix. 'The reality is that once a person is arrested under SB 4C and booked into jail, that person risks then having an ICE hold on them.' Community Justice Project, the ACLU of Florida, Americans for Immigrant Justice, and Florida Legal Services attorneys are representing the plaintiffs: the Florida Immigrant Coalition, Farmworker Association of Florida Inc., and two women without permanent legal status. David Matthew Costello, lead attorney representing Attorney General James Uthmeier, declined to comment, and a spokesperson for the attorney general's office did not respond to the Phoenix's questions. The other defendants are the statewide prosecutor and state attorneys. During the hearing at the U.S. District Court of the Southern District of Florida in Miami, attorneys representing the state argued that law enforcement is not bound by Williams' order, Fahsi Haskell said. Another hearing is set for April 29. 'The Court enters a [temporary restraining order] prohibiting Defendants and their officers, agents, employees, attorneys, and any person who are in active concert or participation with them from enforcing SB 4-C,' Williams' order states. Two other men were with Lopez-Gomez when the trooper stopped the car because the driver was going 78 mph in a 65 mph zone, according to the arrest report. The driver, Estiven Sales-Perez, and another passenger, Ismael Sales-Luis, were also charged with illegal entry as 'unauthorized aliens.' The driver was also charged with driving without a license. ICE has taken custody of Sales-Perez and is holding him in a Tallahassee field office, according to the online detainee locator system. 'Florida Highway Patrol will continue to work willingly with our federal partners to engage in interior enforcement of immigration law,' a spokesperson for the agency wrote in a statement to the Phoenix. Florida Democratic Party Chair Nikki Fried called the arrest a kidnapping. 'Where does the lawlessness of this administration stop? If this can happen to an American-born citizen, it can happen to any of us,' she said in a statement. SUPPORT: YOU MAKE OUR WORK POSSIBLE
