TALLAHASSEE, Fla. (AP) — Republican leaders from 17 states have expressed their unified support for Florida Attorney General James Uthmeier in his bid to enforce a law aimed at undocumented immigrants. This legal alliance comes as Uthmeier seeks intervention from the U.S. Supreme Court after a federal judge issued a preliminary injunction against the law.
Last week, Uthmeier appealed to the Supreme Court to allow the state to implement the law while ongoing legal challenges unfold. U.S. District Judge Kathleen Williams ruled in April that the law is likely preempted by federal immigration authority, effectively blocking its enforcement. A subsequent appeal to the 11th U.S. Circuit Court of Appeals for a stay was denied by a panel of three judges.
The amicus brief filed on Tuesday was led by Iowa Attorney General Brenna Bird and contests the argument that federal immigration laws have precedence over state laws similar to Florida’s. The brief highlights efforts from Republican-led states to bolster enforcement of former President Donald Trump’s immigration policies.
“Every act punishable under these state laws is already a federal crime,” the brief stated. It added that the coordination between state officials and the current federal administration on immigration enforcement has never been more aligned, challenging the lower court’s reasoning behind the injunction.
Joining Bird’s office in this brief are Republican attorneys general from a variety of states, including Texas, Alabama, Georgia, and Missouri, among others, alongside the attorney general from Guam.
The law, enacted during a special session in February, characterizes entry or re-entry into Florida without proper documentation as a state crime. This has drawn criticism from advocacy groups, prompting a legal challenge from the Florida Immigrant Coalition, the Farmworker Association of Florida, and other plaintiffs who question the law’s constitutionality.
U.S. District Judge Williams issued a longer-term preliminary injunction following her initial temporary restraining order, blocking any enforcement of the state law. The 11th Circuit Court’s three-judge panel denied Uthmeier’s request for a stay, stating that it had not been demonstrated that state legislation SB 4-C does not conflict with federal law.
In his appeal for a Supreme Court stay, Uthmeier’s office argued that the inability to enforce the law has negative consequences for Florida residents. They contend that illegal immigration is causing significant challenges in the state that remain unaddressed without the law’s enforcement.
As the Supreme Court deliberates, plaintiffs have until July 2 to respond to Uthmeier’s request. The legal discourse surrounding this law has been highly contentious, highlighted by Judge Williams’ recent finding of civil contempt against Uthmeier. This ruling stemmed from a letter he dispatched to local police after she imposed the injunction, indicating a violation of her order not to enforce the law.
This ongoing legal battle raises critical questions about the balance of state and federal authority in immigration matters, a topic that continues to ignite debate across the country.
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