Florida Attorney General James Uthmeier said on American Family Radio Friday that his office will continue to be “pedal to the metal” in enforcing all laws against illegal immigration.
His forceful response comes after Williams, a Barack Obama appointee, in April issued a temporary restraining order (TRO) blocking a Florida law criminalizing entry or re-entry into the state for illegal immigrants.
Originally, Uthmeier urged state agencies to comply with the TRO but days later revised his stance. He sent a second memo stating that the TRO was legally flawed and that authorities could continue enforcing the state law.
Uthmeier says Williams’ TRO exceeds its authority because there were no lawsuits, no parties appearing before her in court.
Further, he says he does not have the authority to tell state law enforcement agencies to “stand down” due to division of powers within branches of government.
County sheriffs are independently elected constitutional officers and not subordinate to the attorney general.
Local police chiefs operate under the authority of their cities and towns.
Williams rejects these assertions.
Staying on the job
Uthmeier was placed in civil contempt, not criminal contempt, and therefore has not been jailed and continues his work as AG.
“If she wants to hold me in contempt, that is a price I'm willing to pay to uphold my oath to the Florida Constitution and our state law,” he told show host Jenna Ellis.
States can pass immigration laws, but there are limits. The Supreme Court ruling in Arizona v. United States made clear in 2012 that “the federal government has broad, undoubted power over immigration and alien status” in the U.S.
President Donald Trump has encouraged state involvement in immigration enforcement and has praised states like Florida and Texas for taking tough stances against illegal immigration.
His mass deportation efforts continue in spite of legal challenges.
“The federal law, there’s not any question about the validity of that. So, we are going to continue being pedal to the metal, carrying out President Trump's agenda to enforce against illegal immigration with every resource we have. And the judge's ruling can't impact that.”
Florida Gov. Ron DeSantis is backing his AG, saying Williams has stepped outside the lines of the Southern District.
“She’s trying to exercise authority that she does not possess. ... 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 contempt order instructs Uthmeier to provide the court with bi-weekly updates detailing any arrests or enforcement actions of the state law after Williams issued the TRO.
Uthmeier says his office will appeal the TRO. He also insists he's not bothered by the contempt ruling.
“We are going to appeal her finding on the merits of the law itself. I haven't really fully reviewed the nature of the contempt order. I suspect we won't waste our time with that. I can tell her every two weeks that we're following the law because we are following the law,” he said.
It’s important to gain real clarity on the merits of Florida’s prohibition of entry and re-entry for illegal immigrants, Uthmeier said.
In a normal immigration environment federal authority has a place, he said, but the environment created under Joe Biden was not normal.
“Historically, the courts have said this is a federal government prerogative and that it is up to the Feds to enforce against illegal immigration," the attorney observed. "But when you're in a situation like we saw in the Obama and Biden administrations where the federal government doesn't want to carry out its duties, I believe states should have authority to protect their own borders.”
Little consideration for states
The courts, even in light of desperate times, have not agreed with Uthmeier.
Recently, feder judges have rejected state sovereignty on the issue in cases involving Oklahoma and Iowa laws.
The Supreme Court in the United States vs. Texas in 2023 ruled that states cannot challenge federal immigration enforcement priorities, affirming exclusive federal authority.
The Supreme Court cited Arizona vs. U.S. in its Texas ruling.
While the majority centered its decision on Article III standing, it reaffirmed precedents on federal supremacy in immigration and invoked concepts from Arizona, particularly regarding prosecutorial discretion and federal priority-setting in immigration enforcement.
Uthmeier says his position to defy the contempt order and ignore the TRO is just.
“Just because a judge says something doesn't mean we should all bow down and honor it," he insisted. "Judges have obligations to the law themselves. You see these judges across the country that are not willing to follow the law. So leftist groups, they will forum shop and they will file suits in certain jurisdictions knowing that they're going to get a judge that's going to push politics and not law.”
