A federal judge clearly established on Tuesday, April 22, that her decision temporarily suspending the implementation of new immigration legislation in Florida applies to all local law enforcement agencies in the state. This clarification comes following a memo from Florida Attorney General James Uthmeier suggesting a different interpretation.
Judge Kathleen Williams, presiding at the Miami federal court, declared her intention to issue a preliminary injunction against a law recently signed by Governor Ron DeSantis. This legislation, passed in February as part of the Trump administration’s strategy to strengthen immigration policy, penalizes undocumented immigrants entering Florida who have evaded federal immigration services. This offense is prosecuted at the state level.
The proposed law faces strong opposition. On April 4, a lawsuit was filed by the Florida Immigrant Coalition, supported by the American Civil Liberties Union (ACLU). Consequently, Judge Williams had already issued a 14-day temporary suspension, later extended by 11 days, following the arrest of more than a dozen people – including an American citizen – by Florida Highway Patrol.
The plaintiffs argue that this law violates the Supremacy Clause of the U.S. Constitution by encroaching on strictly federal powers.
On Tuesday, the judge sharply questioned state counsel Jeffrey DeSousa about the reasons behind Attorney General Uthmeier’s directive suggesting that local law enforcement agencies were not bound by her decision. DeSousa maintained that the order only applied to parties named in the lawsuit – specifically the Attorney General, his deputy, and the 20 district attorneys.
However, according to Judge Williams, this interpretation would create a paradoxical situation: allowing arrests without legal basis while prohibiting prosecution. The attorney provided no satisfactory response to this observation.
For his part, ACLU attorney Oscar Sarabia Roman emphasized the practical impossibility of individually naming all 373 police departments in the state. He maintains that the federal court decision must apply to all Florida law enforcement agencies.
The situation became more complex with a series of contradictory memos issued by James Uthmeier. On April 18, he instructed police to suspend enforcement of the law while expressing opposition to the judicial decision. Five days later, he changed his position, arguing that the judge had made a legal error and that officers could continue enforcing the new law. No new incidents or arrests have been reported since this last communication.
This situation highlights the growing tensions between conservative states and federal justice in the context of the national debate on American immigration policy.
