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Supreme Court lets harsh Florida immigration law languish

The court refused to lift an injunction against a Florida law that made migrants crossing the state line a felony

Nights and Weekends Editor

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Floridians protest the construction of an immigration detention center in the Everglades, dubbed "Alligator Alcatraz" (GIORGIO VIERA / AFP via Getty Images)
Floridians protest the construction of an immigration detention center in the Everglades, dubbed "Alligator Alcatraz" (GIORGIO VIERA / AFP via Getty Images)

The Supreme Court declined to lift a lower court’s injunction against a recently passed Florida law that would make it a felony for migrants to cross into the state.

In a single-sentence ruling on Wednesday, the court rejected an application from Florida Attorney General James Uthmeier. The unsigned order leaves in place a stay on the law ordered by U.S. District Court Judge Kathleen M. Williams.

Last month, the 11th Circuit U.S. Court of Appeals also refused to overturn Williams’ order. In their ruling, they found that the initial lawsuit against Florida authorities was likely to succeed in its argument that immigration enforcement is a federal matter and that Florida’s law is preempted by federal statutes. The successive refusals will leave the restraining order in place while the case against state officials works its way through the courts.

In a move reminiscent of Trump administration immigration officials, Florida’s top cop has largely ignored court orders halting the law. Uthmeier was found in civil contempt of court by Judge Williams after he sent a letter to state law enforcement agencies saying “no lawful, legitimate order currently impedes your agencies from continuing to enforce Florida’s new illegal entry and re-entry laws.”

The appellate court commented on Uthmeier’s perceived lawlessness in their ruling, criticizing his “defiant posture” and “veiled threat not to obey.”

By Alex Galbraith

Alex Galbraith is Salon's nights and weekends editor, and author of our free daily newsletter, Crash Course. He is based in New Orleans.


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