Judge blocks Florida law criminalizing undocumented immigrant entry

Authorities in Florida cannot enforce a sweeping new immigration law while it faces a constitutional challenge, according to two federal court rulings that have dealt a major blow to Governor Ron DeSantis’ immigration agenda.

U.S. District Judge Kathleen Williams on Monday rejected a request from Florida Attorney General James Uthmeier to pause an injunction she issued earlier this year. That injunction barred law enforcement from enforcing provisions of Senate Bill (SB) 4-C, which makes it a first-degree misdemeanor for undocumented immigrants aged 18 and older to “knowingly” enter or attempt to enter Florida. Williams said the law is likely to be found unconstitutional.

The decision followed a similar ruling earlier this month by the 11th U.S. Circuit Court of Appeals, which also denied Uthmeier’s attempt to lift the injunction. The appellate panel made clear the legal battle is ongoing.

“But we’re mindful that the burden in this posture is for the Attorney General to make a ‘strong showing’ that he is likely to succeed on the merits. And we do not think he tips the balance in his favor,” the judges wrote, citing Uthmeier’s “seemingly defiant posture” toward the lower court’s order.

After Williams issued her injunction, Uthmeier initially advised law enforcement across the state to refrain from enforcing the law, despite disagreeing with the decision. But five days later, he reversed course, stating in a memo that the judge’s ruling was legally incorrect and asserting he could not prevent local officers from continuing enforcement.