ORLANDO, Fla. (AP) — Authorities can’t enforce a new Florida law making it a misdemeanor for people in the U.S. illegally to enter the state while the law is being challenged in court, according to two new rulings.
U.S. District Judge Kathleen Williams in Miami on Monday denied a request by Florida Attorney General James Uthmeier to put on hold her earlier injunction while it is being appealed. The injunction barred law enforcement from enforcing the immigration law, as Williams said it’s likely the law will be found unconstitutional.
Williams’ decision followed an 11th Circuit Court of Appeals’ ruling earlier this month denying a similar request from Uthmeier. The appellate judges said the case was far from being resolved.
“But we’re mindful that the burden in this posture is for the Attorney General to make a ‘strong showing’ that he is likely to succeed on the merits. And we do not think he tips the balance in his favor,” the judges wrote, noting Uthmeier’s “seemingly defiant posture” regarding Williams’ earlier order.
After Williams issued her original order, Uthmeier sent a memo to state and local law enforcement officers telling them to refrain from enforcing the law, even though he disagreed with the injunction. But five days later, he sent a memo saying the judge was legally wrong and that he couldn’t prevent local police officers and deputies from enforcing the law.
Late last month, the district judge held a hearing in Miami to determine if Uthmeier should be held in contempt or sanctioned for not following her order. No decision has been made public yet.
“Again, he may well be right that the district court’s order is impermissibly broad,” the appellate judges said of Uthmeier. “But that does not warrant what seems to have been at least a veiled threat not to obey it.”
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