A federal judge recently held Florida Attorney General James Uthmeier in civil contempt for defying a court order that temporarily blocked enforcement of a section of the state’s new immigration law, SB 4C. Uthmeier told police officers that he could not “prevent” them from making arrests under a provision in the law that made it a state crime for unauthorized immigrants to enter Florida—after a court order blocked enforcement of that section of the law.
In holding the attorney general in contempt, the judge ordered Uthmeier’s office to create a report every two weeks detailing any arrests, detentions, or law enforcement actions that happen under the part of the new immigration law that it blocked.
In an interview with FOX 35 News, Orlando criminal defense attorney and television legal analyst Jose Rivas explained the legal implications of the move and the difference between civil and criminal contempt.
Understanding Civil Contempt in the Florida New Immigration Law Dispute
Rivas told Fox 35 News that that courts use civil contempt to compel someone to comply with a court order by imposing sanctions or penalties—typically fines—that increase with continued non-compliance. Once the party complies, the penalties end. In rare cases, civil contempt can lead to jail time. “The court wants to make sure that you are compliant,” Rivas said. “They are saying we need to see some reports. We’re not here to punish you, but we want to make sure that you comply with our ruling.”
Criminal contempt, on the other hand, is generally meant to punish disrespectful actions or behavior toward the court, and cannot be undone by better behavior. Judges will typically impose jail time as punishment for criminal contempt.
What Happens if the Florida AG Ignores Court Order?
Rivas said that if the attorney general doesn’t comply, the judge could impose fines and even put the attorney general in jail, though jail would be an extraordinary measure. In another option, the judge could impose professional discipline. “He could be reported to the Florida Bar, and they could put some kind of reprimand on him. Because at the end of the day, he is a member of the Bar, and he took an oath to follow the law,” Rivas said.
The Role of Due Process and Federal Authority
A central issue in the legal battle is the supremacy of federal law and the protections spelled out in the Constitution. “It’s all about due process,” Rivas said. “We have a federal judge telling the Florida State Attorney General that he cannot put these people in jail, you cannot arrest them, you’re taking away their due process. Under our system of law, states cannot deny rights provided for in the Constitution.”
This means that Florida cannot restrict rights or override federal court decisions regarding immigration enforcement. The judge’s order is binding, and state officials must comply until the underlying legal challenge is resolved.
The Consequences of Non-compliance and Potential Lawsuits
Continued arrests in violation of the federal injunction may expose the state to civil lawsuits. Rivas pointed out that there are civil lawsuits ongoing for those arrested after the temporary injunction was in place. These lawsuits could seek damages for unlawful detention and deprivation of rights. For example, the Florida Immigration Coalition, which is a collaboration between the American Civil Liberties Union (ACLU) Immigrants’ Rights Project and Americans for Immigrant Justice, has filed a federal civil rights lawsuit against Attorney General Utmeier on behalf of the Farmworker Association of Florida (FWAF), the Florida Immigrant Coalition (FLIC), and individual plaintiffs.
Rivas also pointed out the relatively harsh penalties on Florida’s new immigration law. Under the new statute, a first offense carries a mandatory minimum jail sentence. “This law requires a minimum of nine months in jail. It’s ridiculous to have that kind of mandatory minimum for this type of charge when you look in comparison to other misdemeanor charges,” Rivas said. “DUIs, prostitution, or drug possession generally carry no minimums.”
Real-World Impact on Defendants and the Community
The enforcement of Florida’s immigration law, even after the court’s injunction, has had immediate real-world effects on individuals and the broader Central Florida community. Many people arrested under Florida’s new immigration law faced long stays in jail because of high bail or Immigration and Customs Enforcement (ICE) places a detainer (or hold).
Rivas shared firsthand accounts from his practice: “In a case of local law enforcement working with federal immigration, we just got charges thrown out against a client on the grounds of unlawful arrest, and even though the case was dismissed, our client was not released because of an ICE hold. So the gentleman is being held for immigration authorities.”
Rivas said that ICE’s newly aggressive tactic of making immigration arrests at venues like courthouses that were formerly off-limits is shutting many immigrants out of the legal process by effectively denying them due process. “They want to comply with the law, and we want them to comply, we want them to come to court, and as a criminal defense attorney—I see this every single day—people are afraid to make court dates, and it makes their situation worse,” Rivas said. “Now they’re not having their day in court, so to speak; they’re staying away from the courthouse, and that often leads to a warrant for their arrest.”
Key Takeaways for Criminal Defense in Florida
- Civil contempt is used to enforce compliance with court orders, not to punish.
- Federal law and court orders take precedence over conflicting state laws.
- Non-compliance by state officials can lead to escalating penalties, including jail time and professional discipline.
- Arrests made in violation of a federal court injunction may be dismissed, and affected individuals may have grounds for civil lawsuits.
- The law’s harsh mandatory minimum sentences for immigration-related misdemeanors have been widely criticized by legal experts.
The Broader Impact on the Justice System
The controversy surrounding Florida’s new immigration law and the subsequent civil contempt ruling against the attorney general highlights the tension between state and federal authority, the importance of due process, and the real-life consequences for defendants and the community. According to Rivas, the law’s enforcement has led to fear and mistrust, deterring victims and witnesses from participating in the justice system and potentially undermining public safety.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo, and many other news outlets.