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Two men were arrested last weekend in Bradenton, Florida, and charged with illegally entering the state, despite a federal court order suspending the enforcement of that law months ago.
Both cases appear in the most recent report that the state attorney general, James Uthmeier, is required to present every two weeks, after being held in civil contempt for allowing the SB 4-C law to be applied despite the court order, reported the AP agency.
In April, Federal Judge Kathleen Williams temporarily froze that legislation considering it potentially unconstitutional and for encroaching on federal authority regarding immigration matters.
In the first case, a man was arrested on Saturday after a police officer noticed loose branches and poorly secured equipment in the back of his truck. The driver admitted that his license was expired.
The agent contacted an ICE officer, who confirmed that the man was in the country without authorization and issued a detention order.
The second arrest occurred on Sunday, when another officer responded to a report of traffic blocked by a fallen engine in the middle of the road.
The driver did not have a driver's license and also admitted to being in the country illegally. ICE intervened again and issued a second immigration detainer order.
Both men faced state charges for illegal entry into the state, but the prosecution has already confirmed that these charges will be dropped. However, they will still face charges for driving without a license or with an expired license.
A footnote in the report presented this Monday suggests that the two arrests were made by the same police officer.
The local prosecutor's office announced that it will notify the Bradenton Police Department to remind that officer of the validity of the court order that prevents the enforcement of state law.
The new cases add to others recorded in June, July, and August in various areas of the state, highlighting a continuity in the irregular enforcement of the suspended regulation.
In total, at least eight arrests have been documented under the overturned law since the contempt began.
Following Judge Williams' initial order, Uthmeier instructed law enforcement not to enforce the law, although he later sent a second memo stating that the judge had "made a mistake" and that he could not prevent officers from enforcing the rule on their own.
Currently, the state of Florida has requested an appeals court to overturn or limit the scope of the court order.
State attorneys argue that Florida has the right to prevent the entry or presence of unauthorized individuals, as long as the definitions of "illegal immigrant" and what constitutes "evading immigration inspection" continue to be determined by federal law.
While the case is being resolved in court, arrests continue under a law that, by court order, should not be enforced.
Frequently Asked Questions about the Implementation of Law SB 4-C in Florida
Why are arrests still being made in Florida under law SB 4-C if it is suspended?
The arrests continue because some police officers in Florida are ignoring the court order that suspended the enforcement of law SB 4-C. Although federal judge Kathleen Williams temporarily blocked the law, deeming it unconstitutional, multiple arrests have been reported, leading the state attorney general, James Uthmeier, to be held in contempt for allowing the enforcement of the regulation.
What actions has Judge Kathleen Williams taken regarding the SB 4-C law?
Judge Kathleen Williams has issued a temporary injunction to suspend the enforcement of law SB 4-C. This is because the law may be unconstitutional and infringes upon federal authority regarding immigration matters. The judge has held Florida Attorney General James Uthmeier in contempt for not adhering to the order, and has demanded regular reports on arrests made under the suspended law.
What is the purpose of law SB 4-C in Florida?
The SB 4-C law seeks to make it a state crime for individuals without legal immigration status to enter Florida. This law, championed by Governor Ron DeSantis, criminalizes undocumented immigrants who enter the state, allowing their arrest solely for this action, without the need to have committed another crime. However, its enforcement has been suspended due to concerns that it infringes on federal authorities.
What effects does the SB 4-C law have on the migrant community in Florida?
The SB 4-C law creates an atmosphere of fear and uncertainty among the migrant community in Florida. Its proposal to criminalize the entry into the state of undocumented individuals has been criticized by civil rights organizations, which argue that it could encourage arrests based on racial profiling and undermine constitutional rights. The law has also caused some regularized immigrants to fear being treated as criminals by state authorities.
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