MIAMI – A Miami federal judge demanded to know why Florida Attorney General James Uthmeier and his legal team defied a court order that she had temporarily suspended.
The law in question is part of the new state-level immigration statutes that makes it a crime to enter Florida as an undocumented immigrant.
Uthmeier first memoed Florida law enforcement agencies not to obey that court order, and then days later, reworded the message, saying he cannot prevent them from making those arrests.
“Color me surprised and shocked,” said U.S. District Judge Kathleen Williams about the perceived defiance. “Do I need to put a ribbon on it?”
Gov. Ron DeSantis signed the legislation in February and Williams temporarily blocked it while a case brought by the American Civil Liberties Union continues.
Despite the laws’ suspension, Florida Highway Patrol troopers in north Florida arrested more than a dozen people on the charges, including Georgia resident Juan Carlos Lopez Gomez. Lopez Gomez is a U.S. citizen, which he proved with a U.S. birth certificate.
“He was still arrested under this new law, which has been enjoined by a federal judge,” said his attorney, Mutaqee Akbar.
The legal team representing Uthmeier Tuesday argued that the meaning of his memos were misconstrued, that the AG does not and cannot give direction to law enforcement directly.
But the judge referenced several of Uthmeier’s social media posts in March, in which he says he has directed law enforcement in a variety of criminal investigations.
Locally, county sheriff’s offices have been complying with Judge Williams’ orders.
On “This Week in South Florida” Sunday, Miami-Dade Sheriff Rosie Cordero-Stutz said her office informed deputies the MDSO would not be enforcing that suspended state immigration law.
Judge Williams said in court, “I’m not offended by someone disagreeing with me or my order; what I am offended by is someone saying ‘you don’t have to abide by it!’“
With her temporary restraining order expiring Tuesday, Judge Williams indicated she would be issuing a stronger injunction to keep the law suspended while the ACLU’s case against it proceeds.
She also gave Uthmeier’s legal team additional time to make a case for their arguments.
