In brief
In Bradenton, Florida, two men were wrongfully charged for illegal entry under a now-suspended immigration law. The law was put on hold by a federal judge who ruled it couldn't be enforced during legal challenges. Despite this, local officers continue to initiate charges. The Florida Attorney General has been ordered to submit bi-monthly reports due to previous contempt of court regarding this issue.
ORLANDO, Fla. (PulseWire) — In a troubling display of legal overreach, two men were wrongly charged last weekend under a Florida immigration law that is currently suspended due to a federal judicial order. Reported on Monday by the state attorney general's office, the charges occurred in separate incidents in Bradenton. Legal experts note that a federal judge previously ruled that the controversial law, aimed at prohibiting illegal immigrants from entering the state, could not be enforced while it is being contested in court.According to Attorney General James Uthmeier, the recent arrests highlight a persistent issue wherein some Florida law enforcement officers continue to improperly charge individuals under the halted statute, which made it a misdemeanor for undocumented individuals to avoid interaction with immigration officials. Uthmeier is under scrutiny, having been found in civil contempt for instructing officers to disregard the judge's order.The report details two separate incidents that took place last weekend. In one case, a man was stopped for having unsecured equipment in his vehicle and admitted to having an expired driver's license. Following a check with U.S. Immigration and Customs Enforcement (ICE), it was confirmed that he was in the U.S. illegally, prompting ICE to issue an immigration detainer. Similarly, another man was involved in a traffic obstruction incident on Sunday and also confessed to being in the U.S. without permission, resulting in an ICE detainer as well.Both individuals were initially charged with illegal entry, but prosecutors indicated these charges would be dropped. One man additionally faced charges for driving with an expired license, while the second was charged for not having a valid driver's license at all. Since enactment, the law has faced significant opposition and legal challenges. U.S. District Judge Kathleen Williams effectively froze the enforcement of the law when she issued a temporary restraining order in April. Following her ruling, Uthmeier had earlier directed law enforcement to refrain from applying the law; however, he later communicated to officers that he believed the judge's decision was erroneous, leading to confusion on the ground. As a result of this legal tug-of-war, Judge Williams mandated Uthmeier to file bi-monthly reports to the court regarding any actions taken under the contested law. A recent report suggested that the two arrests made during the weekend were carried out by the same officer, who will be reminded of the judge's injunction in a forthcoming communication from local prosecutors.
