A federal appeals court Friday kept on hold a new Florida law targeting undocumented immigrants who enter the state, rejecting arguments by Attorney General James Uthmeier that enforcement should at least temporarily be allowed.
U.S. District Judge Kathleen Williams in April issued a preliminary injunction to block the law, which she said was likely preempted by federal immigration authority. Uthmeier appealed the injunction to the 11th U.S. Circuit Court of Appeals and asked for a stay of Williams’ ruling.
Such a stay could have allowed the law to be enforced while the legal battle plays out.
But a three-judge panel of the Atlanta-based court Friday rejected the request for a stay. The panel said its decision “does not definitively resolve” whether federal immigration law preempts — essentially takes precedence over — the state law, but it said Uthmeier had not met tests for a stay.
“It seems likely — given the federal government’s longstanding and distinct interest in the exclusion and admission of aliens, and the (federal) Immigration and Nationality Act’s extensive regulation of alien admission — that this principle is satisfied with respect to the field of alien entry into and presence in the United States,” said the decision shared by Judges Jill Pryor, Kevin Newsom and Embry Kidd. “Accordingly, the attorney general has not made a ‘strong showing’ that the district court was wrong to conclude that SB 4-C is likely field preempted.”
The decision also delved into a contentious issue about whether Williams’ preliminary injunction only should apply to Uthmeier and state attorneys or whether it should apply more broadly to law-enforcement officers across the state. Williams ordered it to apply broadly, but Uthmeier has argued it should only apply to him and state attorneys, who are the named defendants in the case.
The issue has become so contentious that Williams held a hearing last week about whether she should find Uthmeier in contempt. The appeals court Friday declined to issue a partial stay that would have applied Williams’ ruling only to Uthmeier and state attorneys and potentially allowed police to enforce the law.
The panel also appeared to take issue with Uthmeier’s actions, citing his “seemingly defiant posture vis-à-vis the district court. Again, he may well be right that the district court’s order is impermissibly broad. But that does not warrant what seems to have been at least a veiled threat not to obey it.”
The law, passed during a February special legislative session, created state crimes for undocumented immigrants who enter or re-enter Florida. The Republican-controlled Legislature said the law was aimed at helping carry out President Donald Trump’s policies on preventing illegal immigration.
But attorneys for the Florida Immigrant Coalition, the Farmworker Association of Florida and two individual plaintiffs filed the challenge in federal court in South Florida, alleging the state law is unconstitutional.
In issuing the preliminary injunction, Williams pointed to issues such as the law (SB 4-C) requiring that violators go to jail. She indicated that could conflict with federal immigration authority.
“First, it gives state officials authority to prosecute illegal entry or reentry in cases where federal actors may choose not to,” the judge wrote. “Even if federal and state officials choose to commence parallel dual prosecutions under both laws, SB 4-C’s mandatory detention provision limits federal law enforcement discretion to recommend pre-trial release and obstructs federal courts’ ability to conduct proceedings requiring defendants’ presence. Relatedly, state officials are free to prosecute a charge under SB 4-C even while a federal immigration proceeding is underway, which may determine that the defendant may remain lawfully present under federal law.”
In a May 7 motion asking the appeals court for a stay, lawyers in Uthmeier’s office disputed that the law improperly infringed on federal immigration authority.
“To aid the United States in curbing illegal immigration within the state’s borders, SB 4-C criminalizes the entry into Florida of those who have illegally entered the United States,” the motion said. “That law tracks federal law to a tee. It also retains federal-law defenses and says nothing of who should be admitted or removed from the country.”
–Jim Saunders, News Service of Florida
Deborah Coffey says
Republicans, with their hateful and cruel immigration policies, are begging for a second civil war. Maybe they think they could win that war and run the country forever. They are underestimating all Americans that are not MAGAs.
Jake from state farm says
Oh @Deborah, bless your heart Axios/Ipsos poll from January 2025—whopping 66% of Americans (yes, two-thirds!) actually support deporting immigrants who are here illegally. What a plot twist! Turns out, it’s not just some fringe talking point—it’s mainstream.
Now brace yourself: 93% of Republicans are obviously on board, because shocker—they’ve been saying this forever. But here’s the real jaw-dropper: 67% of independents agree too. And even among Democrats—those champions of all things open-border—43% apparently didn’t get the memo that they were supposed to be outraged.
So if Democrats really want to plant their flag on this hill, clutch their pearls, and yell “xenophobia!” every time someone says “maybe follow the law,” well… go right ahead. It’s a bold strategy.
Let’s be crystal clear: it’s not that Americans hate immigrants. No, no. We love immigrants—as long as they actually, you know, follow the law, like millions before them. It’s called a line. People wait in it. There’s paperwork. It’s boring. But it’s legal—and Americans seem to think that matters. What a radical concept.
So yeah, everyone’s welcome—just get in line like everyone else. But hey, if the Democratic Party wants to keep pushing the idea that enforcing immigration laws is somehow cruel and unusual, they’re welcome to keep shouting into the wind. The rest of the country seems to have moved on.
Pierre Tristam says
What the ever-tendentious Jake from fib gfarm isn’t providing is the rest of the story of the Ipsos poll, which follows:
While support exists for deportations on a general level, it declines considerably as specific policies or outcomes to achieve the deportations are included.
Just 38% of Americans support using active duty military to find and detain undocumented immigrants. In the same vein, only 28% support using money allocated to the U.S. military to pay for deportation.
A third of Americans show support for quickly deporting detained immigrants, even if it involves separating families or sending people to countries other than their country of origin (34%), and deporting immigrants that came to the U.S. illegally as children (34%).
Few Americans strongly support each of these measures:
Using active duty military to find and detain undocumented immigrants in U.S. cities and towns (16%)
Quickly deporting detained immigrants, even if it involves separating families or sending people to countries other than their country of origin (16%)
Deporting immigrants that came to the U.S. illegally as children (14%)
Using money allocated to the U.S. military to pay for deportation (8%)
t.o. Doug says
I’m someone who would’ve said in a poll that I support deporting those here illegally- thinking of drug/human traffickers and gang members.
Then they started raiding workplaces and schools- good people contributing positively to their communities. That’s not what I had in mind and I don’t support it.
Me says
There aren’t as many MAGA’s out there as you may think. We are so looking forward to when our current Administration will start following the laws of its own country. They are making up their own rules as they go along and ignoring all of the courts ordering them to stop.
Now their sending out troops to attack others when they don’t even know who is legal and or is illegal.
Skibum says
Jake, your quotations around the statement “… follow the law” is the most important part of what Americans want from the U.S. President and the federal immigration officials when enforcing immigration laws! Like nearly all currently serving or retired law enforcement officers would agree, I have absolutely no issue with ICE agents targeting and arresting those identified as violent criminal aliens. I have no problem with local and state law enforcement officials placing immigration holds and cooperating/assisting federal ICE agents with criminals who should be deported once they are convicted of criminal activity while in the U.S. But that is NOT what is happening! And I know that for a fact because in my many years of law enforcement, I did assist federal agents many, many times while a deputy sheriff in Southern CA, and the department I worked for routinely put border patrol holds on undocumented criminal aliens who were awaiting their day in court to prevent them from bailing out of jail and disappearing before the justice system could address whatever crime they were arrested for.
Follow the law, and follow the U.S. Constitution should be synonymous with each other, yet the idiot currently in the WH, when asked point blank on live TV if he as president had the responsibility of upholding the U.S. Constitution… replied “I don’t know.” WTF!?!?!?!? He doesn’t KNOW if he is supposed to uphold the Constitution?????????? And he is signing all of these hundreds and hundreds of Executive Orders, completely bypassing Congress who actually writes the laws, whereas the U.S. President merely signs them into law after being passed by the House and Senate? He has gone completely rogue, acting like a dictator, trying to enact laws he has NO AUTHORITY to enact, and that is why the courts continue to rule against him and overturn his unconstitutional mandates. The courts are doing the same thing for the unconstitutional “laws” that are trying to be implemented right here in FL regarding migrants and many other issues that “baby trump” is trying to push through the state legislature to make him appear to still be relevant.
We want, we DEMAND that our president, and our state governor FOLLOW THE LAW! FOLLOW THE CONSTITUTION when doing what they are legally charged to do! Is that too much to ask??? If both Trump and DeSantis were doing just that, the courts would not continue to rule against them and overturn their illegal and/or unconstitutional actions. Citizens would not have to be protesting in the streets. And those who are here from other countries who are not U.S. citizens but have legally protected status, many of whom have been in this country and have established themselves as law abiding people for many years, could go on with their daily lives without fear of being grabbed up off of the streets, or on their jobs, or simply after walking out of a scheduled immigration court hearing, by armed, riot garbed, masked federal agents for no reason other than to intimidate and scare immigrants on presidential order! That is NOT law and order, and completely uncalled for. And I am certainly NOT the only law enforcement officer who can clearly see that and call it out for what it is.
Pogo says
@The fish rots from the head
… a cartoonishly absurd criminal has assembled a cartoonishly absurd group of criminals to commit crimes.
Period.
c says
I love the “Follow the Law” and “Deport Illegals” attitudes from a group of MAGAites (pronounced ‘maggots’) who continually and constantly ignore the fact that their hero/savior is a multi-crime CONVICTED FELON!
You want law, order, justice? Well, other than waiting for the Kryptonian, try enforcing the law, starting at the top of your OWN party.
Sherry says
Has anyone noticed the tens of thousands “peacefully” protesting against trump and his fascist actions each and every day. Oh yeah, I forgot, Fox doesn’t broadcast the “daily” protests that are happening all over the country.
I actually think we can all agree that “ALL” criminals, undocumented or not, should be given their day(s) in court and removed from society if that’s what the judge/jury decides. The question is, just “who” made trump and his ICE gestapo terrorists “judge/jury”?
Arresting migrants who are kids in school/a very young girl receiving life supporting care/those who have been here for many years in the legalization process without committing any crime, etc., etc. are NOT who ICE should be sweeping up in “mass raids”! Those migrants are being treated like so much vermin by placing them in offshore prisons/detention centers with NO DUE PROCESS! The “due process” that is guaranteed by our constitution for every person in our country. . . whether they are currently an official citizen or not.
Those of you who incessantly regurgitate Fox talking point about how immigrants should come in “LEGALLY” have no damned idea that it often takes years and large sums of money for that legal immigration process to be completed. Because our immigration system is “BROKEN”! Why don’t you get that??? The republicans in congress have stopped each and every attempt to “fix” that process for many years. Meanwhile trump’s goons are arresting immigrants who are LEGALLY in that “immigration process”! ICE agents are waiting outside of “courthouses” for humans in the “legal immigration” process to appear as “legally” required and then arresting them. The courthouses across our country have now become “traps” for ICE! Great “police work”, huh?
The trouble is that there are just not enough actual “criminal” immigrants to create the “chest pounding” numbers trump wants to brag about. This is now where we are. The baby man wannabe dictator needs to create some God damned emergency to be able to wield the “power” his demented “strong man” ego demands.
Elect a person with that “criminal” mindset and this ends up being the warped mentality we are all subjected to each and every day! Again, as I’ve said many, many times before. . . this is precisely why “CHARACTER MATTERS”!
“NO KINGS/DICTATORS”!