Two men were arrested in northeast Florida in late May under a state law that criminalizes undocumented immigrants for entering Florida — more than a month after a federal judge blocked enforcement of the measure — according to a report Florida's attorney general is required to file as punishment for defying the judge's ruling.
According to Florida Attorney General James Uthmeier’s report, both men were charged with illegal entry, and one was also cited for driving without a license. Prosecutors later dismissed or vacated the charges. He disclosed the arrests in a biweekly status report filed with the court.
The arrests prompted criticism from civil rights groups and U.S. District Judge Kathleen Williams. Both had already expressed concern over the state’s compliance with the a federal court injunction.
Williams had ordered Uthmeier to file biweekly reports detailing whether any law enforcement actions have been taken under the law.
Uthmeier’s office said it will continue to appeal the injunction and defend the statute. “The law passed by the Legislature and signed by Governor DeSantis is important to Florida’s future, and we believe it will prevail on the merits,” said spokesperson Jae Williams in a statement.
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The Marshall Project, a national non-profit news organization covering the criminal justice system reported this week that 27 people have been arrested under the Florida statute following the federal court’s order. The Tampa Bay Times previously reported that the Florida Highway Patrol had made 25 of the 27 arrests.
The Marshall Project reporting finding those arrested included a driver accused of briefly crossing a few inches into another lane, two passengers in two separate car accidents, and a U.S. citizen who was a passenger in a speeding car.
Gov. Ron DeSantis signed the original legislation into law in February. It makes it a first-degree misdemeanor for any “unauthorized alien” to enter Florida after previously residing in another U.S. state.
Lawmakers passed the measure during a special legislative session as part of DeSantis’ broader push to align Florida’s immigration policies with those of former President Donald Trump.
Williams had issued an injunction in April, temporarily halting enforcement of the law while a legal challenge proceeded.
Uthmeier petitioned the U.S. Supreme Court to lift the injunction, but the justices declined to intervene — leaving the enforcement pause in place.
“This ruling affirms what the Constitution demands — that immigration enforcement is a federal matter,” said Bacardi Jackson, executive director of the ACLU of Florida, one of the organizations challenging the law. “Florida’s attempt to bypass federal authority put thousands of people at risk of unjust detention and abuse.”
The Associated Press contributed to this story.
