Photo credit: www.yahoo.com
MIAMI (AP) — A federal judge clarified on Tuesday that a freeze on the enforcement of a new immigration law in Florida is applicable to all local law enforcement agencies. This determination came despite a recent letter from the state’s attorney general that suggested otherwise.
U.S. District Judge Kathleen Williams indicated during a hearing in Miami her intention to issue a preliminary injunction against a state law criminalizing the entry of undocumented immigrants into Florida if they evade immigration officials.
The law, signed by Governor Ron DeSantis in February, aligns with former President Donald Trump’s initiative to enhance immigration enforcement, although many of Trump’s initiatives have faced significant legal challenges.
Judge Williams had previously issued a 14-day temporary restraining order shortly after the Florida Immigrant Coalition and other organizations filed a lawsuit, backed by the American Civil Liberties Union. This order was extended an additional 11 days after reports revealed that the Florida Highway Patrol had detained several individuals, including a U.S. citizen. The lawsuit asserts that the law infringes on federal responsibilities as outlined in the Supremacy Clause of the U.S. Constitution.
During the hearing, Williams inquired about the rationale behind a recent memo from Florida Attorney General James Uthmeier, which stated that local law enforcement agencies were not required to follow her order.
Jeffrey DeSousa, representing the Florida Office of the Attorney General, maintained that a judge’s order typically applies only to the parties directly involved in the litigation. Williams countered, questioning the purpose of allowing law enforcement to make arrests without probable cause—a practice that could potentially lead to complications if prosecutors were unable to proceed with cases.
DeSousa also suggested that the immigrant advocacy groups could have chosen to name individual law enforcement agencies in their complaint instead of solely targeting the attorney general and other statewide officials.
However, ACLU lawyer Oscar Sarabia Roman argued that it was impractical to name all 373 law enforcement agencies in the lawsuit. He emphasized the necessity for the judge’s order to possess the power to prevent local police from enforcing the contested law.
Despite Uthmeier’s initial memo instructing law enforcement to refrain from enforcing the law, he soon reversed stance in a subsequent communication, claiming that the judge’s ruling was incorrect and asserting that local police were free to act independently. Since this second memo, there have been no further reports of arrests related to the law in question.
Source
www.yahoo.com