Critics Slam Florida AG for Ignoring Court Order on Immigration Arrests: 'Not Complying In Good Faith'

Florida Attorney General James Uthmeier is under scrutiny after issuing conflicting directives to law enforcement agencies about a federal court order halting enforcement of a controversial state immigration law, which makes it a crime for an undocumented adult who came to the U.S. without checking in with border authorities to enter Florida.

On Wednesday, Uthmeier told police agencies that he "cannot prevent" them from making such arrests despite an injunction from U.S. District Judge Kathleen Williams that prohibits such enforcement. Moreover, Uthmeier himself had said on Monday that state police officers should stand down on enforcing a new state immigration law.

Judge Williams extended a temporary restraining order on the matter until April 29. She issued the original order on April 4, blocking the state from enforcing the law, emphasizing that the injunction applied not only to Uthmeier and state prosecutors but also to all state, county, and local police acting "in active concert or participation" with them.

"He's flouting Judge Williams' decision by saying he thinks she's wrong, and he's going to let law enforcement make up their own minds," said Michael R. Band, a former chief assistant in the Miami-Dade State Attorney's Office to The Miami Herald on Friday. Another Miami-based lawyer, who wished to remain anonymous, called Uthmeier's actions "not complying in good faith," suggesting they could lead to contempt proceedings if arrests continue.

The controversy intensified after it was revealed that state officers had already arrested over a dozen individuals, including a U.S. citizen, in apparent violation of the original court order. Judge Williams expressed being "astounded" and "concerned" by these actions in last week's hearing.

In a statement issued Wednesday, the ACLU of Florida, whose attorneys are among those representing immigrants in the Miami case, said Uthmeier's latest memo runs afoul of the court order:

"The federal judge's order was clear: it prohibits the state and its 'officers, agents, employees, attorneys in, and any persons who are in active concert or participation with them' from enforcing this law. Law enforcement agencies that enforce this unconstitutional law do so at their own legal peril"