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.

That move prompted Williams to hold a hearing in Miami last month to determine whether Uthmeier should be held in contempt or sanctioned.

On Tuesday, Judge Williams found Uthmeier in contempt of court for violating her restraining order by instructing police to continue enforcing the law. As part of the sanction, Uthmeier was ordered to file bi-weekly reports on any arrests made under the statute, with the first report due by July 1.

The judge mandated that these reports include details on how many arrests or detentions occurred, when they happened, and which law enforcement agencies were involved. Furthermore, if any defendants in the ongoing lawsuit become aware of arrests related to the statute, Uthmeier must notify the court immediately. He may also petition the court to modify or terminate these reporting requirements after six months.

“Again, he may well be right that the district court’s order is impermissibly broad,” the appellate judges said of Uthmeier. “But that does not warrant what seems to have been at least a veiled threat not to obey it.”

Signed into law on February 13, 2025, by Governor DeSantis, SB 4-C and its companion bill SB 2-C are part of a broader immigration crackdown. The legislation introduced a range of new penalties and policy changes, including enhanced charges for undocumented immigrants convicted of crimes, restrictions on in-state tuition, and a controversial provision mandating the death penalty for undocumented immigrants convicted of capital felonies, such as first-degree murder — a measure widely expected to face additional legal challenges.

Under SB 2-C, undocumented immigrants who vote or assist noncitizens in voting can be charged with a third-degree felony. Both bills also call for increased funding and reorganization of immigration-related law enforcement in the state.