In late May, St. Johns County deputies arrested two men more than a month after a federal judge in Miami suspended the enforcement of a specific Florida law.
ORLANDO, Fla. — According to a mandated report by Florida’s attorney general, at least two individuals were incorrectly charged under a Florida law that prohibits those living in the U.S. without authorization from entering the state. This occurred despite a federal judge’s previous order to halt enforcement of the law.
The two men were detained in northeast Florida’s St. Johns County in late May, following U.S. District Judge Kathleen Williams’ decision in Miami to put a stop to the state statute’s enforcement. The law criminalizes, as a misdemeanor, the action of entering Florida without legal U.S. residency by avoiding immigration authorities.
Florida Attorney General James Uthmeier said in his report filed at the beginning of July that he only became aware of the two cases at the end of June after requesting information from state and local law enforcement. As punishment for flouting her order and being found in civil contempt, the judge requires Uthmeier to file bimonthly reports about whether any arrests, detentions or law enforcement actions have been made under the law.
On May 29, St. Johns County Sheriff’s Office deputies arrested a man with an active immigration detainer from Immigration and Customs Enforcement and another man on counts of illegal entry and driving without a valid driver’s license, according to the status report.
As corrective action, the charge involving the man with the ICE detainer was dismissed in state court, and prosecutors filed a motion that was granted to vacate the charge for illegal entry in the second case, R.J. Larizza, state attorney for the jurisdiction that covers St. Johns County, said in a separate filing.
Florida Gov. Ron DeSantis signed the legislation into law in February as part of President Donald Trump’s crackdown on illegal immigration.
Immigrants rights groups filed a lawsuit on behalf of two unnamed, Florida-based immigrants living in the U.S. illegally shortly after the bill was signed into law. The lawsuit said the new legislation violates the Supremacy Clause of the U.S. Constitution by encroaching on federal duties.
Williams issued a temporary restraining order and injunction that barred the enforcement of the new law statewide in April. The attorney general’s office then unsuccessfully petitioned the 11th U.S. Circuit Court of Appeals to override that decision. Uthmeier also petitioned without success the U.S. Supreme Court to review the case.
After Williams issued her original order, Uthmeier sent a memo to state and local law enforcement officers telling them to refrain from enforcing the law, even though he disagreed with the injunction. But five days later, he sent a memo saying the judge was legally wrong and that he couldn’t prevent police officers and deputies from enforcing the law.
The judge last month found Uthmeier to be in civil contempt of her ruling. Uthmeier on Wednesday appealed the judge’s contempt order.
Besides championing the new law, Florida officials have helped Trump’s immigration crackdown with the construction of a new immigration detention center named “Alligator Alcatraz” at an isolated airstrip in the Florida Everglades. DeSantis said at a news conference Wednesday that a request has been developed for proposals for a second migrant detention facility at Camp Blanding in northeast Florida but no work has begun.
Alligator Alcatraz has “grown quickly” but is not yet at the 3,000 to 4,000 detainees originally envisioned, DeSantis said in Tampa.
“I’m willing to do Blanding once Alligator Alcatraz is filled,” the governor said. “Once there’s a demand, then we would be able to go for Camp Blanding.”
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