Over the past weekend, two men were taken into custody in Bradenton, Florida, charged with illegal entry into the state. This occurred despite a federal court order suspending the enforcement of this law months prior. These incidents are highlighted in the latest report filed by the state's Attorney General, James Uthmeier, who is required to submit updates every two weeks after being held in civil contempt for allowing the enforcement of SB 4-C, even in light of the federal injunction, as reported by AP.
Back in April, federal judge Kathleen Williams temporarily halted the legislation, deeming it potentially unconstitutional and encroaching on federal immigration authority.
The first arrest occurred on Saturday when a police officer noticed unsecured branches and equipment in the back of a man's truck. The driver admitted that his license was expired. The officer contacted an ICE official, who confirmed the man's unauthorized status in the country and issued an immigration detainer.
The second arrest took place on Sunday after an officer responded to a report of traffic blocked by a fallen engine. This driver also lacked a valid driver’s license and acknowledged being in the country unlawfully. ICE again got involved, issuing another detainer.
Both individuals faced state charges for illegal entry into the state, but prosecutors have confirmed these charges will be dropped. However, they will still face charges for driving without a valid license.
A footnote in the report submitted this Monday suggests that both arrests were made by the same police officer. The local prosecutor's office has indicated it will remind the Bradenton Police Department of the existing federal order that prevents the enforcement of the state law.
These cases add to others reported in June, July, and August across various areas of the state, highlighting a persistent pattern of enforcing the suspended law. Since the contempt ruling, at least eight arrests under the nullified law have been documented.
Following Judge Williams' initial order, Uthmeier instructed law enforcement to cease applying the law but later issued a second memo claiming the judge "was wrong" and that he could not stop officers from enforcing the law independently.
Florida has since petitioned an appellate court to overturn or limit the federal injunction. State attorneys argue that Florida has the right to prevent unauthorized individuals from entering or remaining in the state, provided that federal law continues to define "unauthorized immigrant" and what constitutes "evading immigration inspection."
As the legal battle continues, arrests under a law that should not be enforced due to a federal order persist.
Understanding Florida's Immigration Law Controversy
What is the SB 4-C law in Florida?
SB 4-C is a Florida state law aimed at penalizing unauthorized immigrants. It has been suspended by a federal court for potentially infringing on federal immigration authority and being unconstitutional.
Why were the recent arrests in Bradenton controversial?
The arrests were controversial because they were made under a suspended law, defying a federal court order, and highlighted a continued disregard for the judicial ruling.
What actions has Florida's Attorney General taken regarding the enforcement of SB 4-C?
Florida's Attorney General, James Uthmeier, initially instructed law enforcement not to apply the law but later issued a memo suggesting that officers could enforce it independently, contradicting the court's decision.