TALLAHASSEE, Fla. (AP) — Some law enforcement officers are continuing to charge people under a Florida law that bans people living in the U.S. illegally from entering the state, even though a federal judge has halted enforcement of the law while it’s challenged in court.
Two more people were arrested and charged under the law in July, according to a report Florida’s attorney general is required to file as punishment for defying the judge’s ruling.
Both men were arrested by a sheriff’s officer in Sarasota County, located on the state’s southwest coast. The charges came months after U.S. District Judge Kathleen Williams in Miami first halted enforcement of the state statute, which makes it a misdemeanor for people who are in the U.S. without legal permission to enter Florida by eluding immigration officials.
As punishment for flouting her order and being found in civil contempt, the judge required Florida Attorney General James Uthmeier to file bimonthly reports about whether any arrests, detentions or law enforcement actions have been made under the law.
In separate incidents on July 3 and July 28, the men were each charged with driving without a valid license and offenses related to driving under the influence of alcohol. The State Attorney’s Office for the 12th Judicial Circuit dismissed the illegal entry charges against them, and requested that the sheriff’s office advice the arresting officer of the court’s order halting enforcement of the law, according to the status report.
A spokesperson for Uthmeier did not immediately respond to a request for comment.
In a separate court filing, immigrants’ rights advocates who filed the lawsuit questioned whether state officials are using the blocked law to justify holding detainees at an isolated immigration detention facility in the Florida Everglades dubbed “Alligator Alcatraz.”
Attorneys for the advocates provided the court an email apparently sent by an Immigration and Customs Enforcement employee to the offices of members of Congress, stating that Florida officials are relying on legal authority granted by the blocked law.
“ICE’s email raises serious concerns about potential violations of the Court’s injunction on a large scale,” attorneys for the immigrants’ rights groups wrote, asking the court to order the state to explain under what legal authority it’s holding people at the Everglades facility.
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Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
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