Florida Attorney General James Uthmeier is asking the U.S. Supreme Court to step in and allow the state to resume enforcing SB 4-C, a law that criminalizes the presence of undocumented immigrants in Florida — despite lower court rulings blocking it.
In an emergency filing submitted Monday, Uthmeier urged the justices to overturn a federal judge’s order that barred enforcement of the law while the state’s appeal is pending. U.S. District Judge Kathleen Williams first issued a temporary stay on April 4 and later imposed a preliminary injunction, arguing that the law likely violates the U.S. Constitution and encroaches on federal immigration authority.
SB 4-C, signed into law by Gov. Ron DeSantis in February, grants Florida law enforcement the power to arrest and prosecute migrants who entered the U.S. illegally. Uthmeier argues that the law mirrors federal immigration statutes and does not conflict with existing federal policies or the Dormant Commerce Clause.
“Nothing in SB 4-C poses a conflict with federal law,” Uthmeier wrote in his 34-page petition. “Florida’s law scrupulously tracks federal law. It is narrowly tailored and does not promote economic protectionism.”
The state’s request comes after the 11th U.S. Circuit Court of Appeals declined to pause Judge Williams’ injunction, leaving the law unenforceable for now.
But the legal battle has taken a sharp turn — with Uthmeier himself being found in contempt of court.
Williams sanctioned the attorney general after he sent mixed messages to Florida law enforcement. On April 18, he directed police not to enforce the law in compliance with her order. But just five days later, he reversed course in a second letter, telling agencies they were free to enforce SB 4-C as they saw fit, claiming that “no lawful, legitimate order currently impedes” them.
In a scathing ruling, Williams said Uthmeier’s communication “directly contradicted” his earlier guidance and appeared to encourage officers to ignore the court’s injunction.
“It is difficult to imagine language better crafted to reverse officers’ understanding of whether they are bound by the [order],” she wrote.
As punishment, Williams ordered Uthmeier to file biweekly reports detailing any arrests, detentions, or police activity conducted under the disputed law.
Still, Uthmeier struck a defiant tone in a post on X (formerly Twitter), framing the contempt citation as a badge of honor.
“If being held in contempt is what it costs to defend the rule of law and stand firmly behind President Trump’s agenda on illegal immigration, so be it,” he wrote.
Immigration advocates accused Uthmeier of deliberately undermining the court’s authority, calling his actions “quintessential contempt of court.” They also warned that SB 4-C sets a dangerous precedent by allowing states to take immigration enforcement into their own hands — a role legally reserved for the federal government.
The Supreme Court has not yet indicated whether it will take up Florida’s emergency request.
