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Posted on 05/08/2025 7:25:35 AM PDT by Jacquerie
The attorney general is asking an appellate court to lift the block on a new state immigration law.
The law makes it a misdemeanor for adults who came to the U.S. illegally by eluding or avoiding examination or inspection by immigration officers to enter Florida.
The governor and Uthmeier contend that the judge in the case has gone beyond her boundaries in calling on Florida law enforcement agencies to stop making immigration arrests.
“She’s trying to exercise authority that she does not possess. Fine,” DeSantis said. “There’s parties to the case and she’s rendered a decision even though it’s a flawed decision that will be appealed. … You can’t go out and then say some sheriff in the Panhandle is somehow subject to your order — they were not involved in the litigation at all.”
The ACLU challenged the law last month, along with Americans for Immigrant Justice on behalf of the Farmworkers Association of Florida, the Florida Immigrant Coalition, and two women lacking permanent legal status.
The groups contend that the law is unconstitutional because only federal authorities have the power to enforce immigration laws.
Since the lawsuit was filed, Judge Williams has issued and extended the restraining order that banned state authorities from enforcing the new law, but Uthmeier says he fundamentally disagrees with her decision.
“She wants the law enforcement officers to stop committing arrests, and the problem is the ACLU didn’t sue any law enforcement officers,” Uthmeier said Tuesday night.
“So if they want to arrest people under the law, if they want to hand them over to ICE, if they want to help the Trump administration carry out detentions and deportations, they have the legal authority to do that, and I’m not going to stand in their way.”
(Excerpt) Read more at floridaphoenix.com ...
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Publicly delineate the spheres of power — a Venn diagram would be great. Everyone can understand those. Show how a piddly arsed judge has no authority by either state or Fed law to interfere in either legislative or executive actions.
Then, go ahead — ignore the judge.
Let the SCOTUS do its job. Assuming they have the nerve.
I guess I gotta ask this: the authority to do all that is already codified into Federal Law, so what's the point of lumping in another misdemeanor penalty? Does that help the process or complicate it?
The Florida AG should file charges against the judge for aiding and abetting a criminal enterprise. It is time to use lawfare against the left when they commit real crimes. No looking the other way just because it is a judge.
The fed courts have rules that states (and by extension, sheriffs) cannot enforce federal immigration law. The state enacted a misdemeanor for being illegal and entering the state, which allows the state & local police forces to act on state law, then render the person to federal police for deportation proceedings.
Then he can enforce it when DeSantis defies the restraining order, maybe he has a private army we don't know about.
Hell, Biden ignored a SCOTUS decision about student loan "forgiveness" and no one said a thing.
It's a lot more efficient and honest to say "two illegal aliens".
I was checking that pesky constitution thingie and right there in black and white the fed was granted the authority to regulate immigration...
That means the states have no say...
That means any laws a state passes regarding immigration are unconstitutional....
This is what I have been waiting for! Fight fire with fire gosh darn it!!
‘“She’s trying to exercise authority that she does not possess. Fine,” DeSantis said. “There’s parties to the case and she’s rendered a decision even though it’s a flawed decision that will be appealed. … You can’t go out and then say some sheriff in the Panhandle is somehow subject to your order — they were not involved in the litigation at all.”’
Gov. DeSantis obviously channeling Lincoln (correctly as regarding Art. II, imho) vs Taney. hope the President gets it and implements Lincoln’s policies regarding the courts soon.
even Judge Taney apparently got it in the end: “I have exercised all the power which the Constitution and laws confer on me, but that power has been resisted by a force too strong for me to overcome.”
Roberts has already defended the 'independence' of federal courts. Except for Thomas & Alito, I doubt the other justices will temper or rebuke the tyrants in black robes. The so-called R Congress could serve to defund & shutter many activist courts but they choose to do nothing.
Obama stooge - Kathleen M. Williams
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