Two wrongfully charged under halted immigration law in Florida
- Two men were arrested in late May for charges related to illegal immigration in Florida.
- These arrests occurred after enforcement of the new law was temporarily halted by a federal judge.
- The incidents highlight legal challenges and conflicts surrounding Florida's immigration law.
In the United States, specifically in Florida, two individuals were wrongfully charged under a state immigration law that was temporarily halted by a federal judge. The incidents occurred on May 29, 2023, in St. Johns County, with law enforcement officials arresting the men more than a month after U.S. District Judge Kathleen Williams issued an order freezing the enforcement of the statue which made it a misdemeanor for undocumented migrants to enter Florida by avoiding immigration officials. Florida Attorney General James Uthmeier reported these unlawful arrests in a report filed in early July 2023. Uthmeier discovered the wrongful charges after requesting information from state and local law enforcement, revealing that one individual had an active immigration detainer from Immigration and Customs Enforcement, while the other faced charges of illegal entry and driving without a valid driver's license. Following the unlawful arrests, corrective actions were taken, including the dismissal of charges against the man with the ICE detainer and a successfully filed motion to vacate the illegal entry charge related to the second individual. These events highlighted discrepancies in law enforcement practices as they occurred after the judge's ruling against the enforcement of the law. This immigration law, signed by Florida Governor Ron DeSantis in February 2023 as part of a broader crackdown on illegal immigration, has faced ongoing legal challenges since its inception. Immigrant rights groups quickly filed a lawsuit against the legislation, claiming that it violated the Supremacy Clause of the U.S. Constitution by interfering with federal responsibilities related to immigration. In response to their appeals, U.S. District Judge Kathleen Williams granted a temporary restraining order and injunction against enforcement in April 2023. Despite Uthmeier's initial compliance, he later expressed disagreement with the ruling and urged local law enforcement to continue enforcing the law. As a consequence of violating the judge's order, Uthmeier is required to submit bimonthly reports detailing any law enforcement actions taken under the controversial immigration law. The series of events has raised questions about accountability and the rule of law in immigration enforcement within the state. Following the arrests, Uthmeier was found in civil contempt of the judge's ruling, emphasizing the tension between state law enforcement actions and federal judicial authority regarding immigration policy.