Federal judge slaps Florida’s attorney general with contempt in immigration law dispute

MIAMI (CN) — A federal judge held Florida’s attorney general in contempt of court on Tuesday for defying her order against enforcement of a new state law that allows arrests of certain immigrants entering the state.

U.S. District Judge Kathleen Williams ruled Attorney General James Uthmeier violated her preliminary injunction when he sent out a memo telling police he could not prevent them from making such arrests.

“Uthmeier’s role endows him with a unique capacity to uphold or undermine the rule of law, and when he does the latter by violating a court order, the integrity of the legal system depends on his conduct being within the court’s remedial reach,” Williams wrote.

In a social media post Tuesday night, Uthmeier remained defiant.

“If being held in contempt is what it costs to defend the rule of law and stand firmly behind President Trump’s agenda on illegal immigration, so be it,” he wrote.

In February, the Republican-dominated Florida Legislature passed Senate Bill 4C, which makes it a misdemeanor for immigrants to enter Florida after “eluding or avoiding examination or inspection by immigration officers” at the U.S. border. Republican Governor Ron DeSantis immediately signed the legislation.

Immigration advocates, including the Florida Immigrant Coalition and Farmworker Association of Florida, responded with a federal lawsuit in April, arguing in part that SB 4C unconstitutionally encroaches on the duties of federal officials to implement immigration law. The lawsuit names Uthmeier and state attorneys across Florida.

Two days later, Williams of the Southern District of South Florida issued a restraining order barring any enforcement of the law and directing Uthmeier to inform local law enforcement of her decree. After news of continuing arrests, the judge extended the restraining order.

Uthmeier initially complied, notifying state agencies of the judge’s order. But five days later, he sent a letter to police agencies across the state, telling them “there remains no judicial order that properly restrains you from doing so,” according to court documents.

At a contempt hearing earlier this month, Uthmeier contended the order only concerned those listed in the lawsuit — himself and the state attorneys listed.

In Tuesday’s decision, Williams disagreed.

“Litigants cannot change the plain meaning of words as it suits them, especially when conveying a court’s clear and unambiguous order,” Williams wrote. “Fidelity to the rule of law can have no other meaning.”

In her decision, the judge pointed to media interviews with Uthmeier saying he will “not bow down.”

“To be clear, the court is unconcerned with Uthmeier’s criticism and disapproval of the court and the court’s order,” Williams wrote. “But respect for the integrity of court orders is of paramount importance.”

Williams also directed the attorney general to give bi-weekly reports on any enforcement of the law or face further sanctions.

Earlier this month, Uthmeier petitioned the 11th Circuit Court of Appeals to stay the injunction. A three-judge panel declined.

“This sanction and legal reprimand is a rare and resounding affirmation that no one is above the law — not even the most powerful people in the state,” said Bacardi Jackson, executive director of the American Civil Liberties Union of Florida, in a statement. “When the attorney general of Florida — the state’s chief legal officer — incorrectly and deliberately told law enforcement officers across the state that no lawful order prevented them from enforcing SB 4C, he didn’t just misstep, he willfully misled them. His actions weren’t about policy — they were about undermining the rule of law and fueling an anti-immigrant agenda, regardless of the human cost.”

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