UPDATE -- thanks to a helpful reader, here's the TRO.
Oy vey, here we go again.
This time our executive branch is going after Judge Kathy Williams.
Gov. Ron DeSantis on Monday called a federal judge an “activist” for blocking the enforcement of a new state law that makes it a crime for immigrants to come into Florida after they entered the country illegally. “Another day, another activist federal judge thinking the judiciary should be setting immigration policy rather than the elected officials,” the Republican governor said in a video posted on X on Monday.
"Activist" seems to mean any judge you disagree with... Instead of going after judges, litigate in court and if you lose, take an appeal Sheesh.
Here's a Herald article discussing the order, which is just a 14-day TRO. (Annoyingly, the Herald doesn't post orders that it discusses; if anyone has it, please post it in the comments or email it to me, and I will put it up.)
In the ruling, Williams said the law likely violates the U.S. Constitution because it seeks to enforce an issue that is exclusively reserved for the federal government. “In short, for nearly 150 years, the Supreme Court has held that the power to control immigration — the entry, admission, and removal of noncitizens — is exclusively a federal power,” Williams, of the Miami-based U.S. District Court for the Southern District of Florida, wrote.
***
To be charged with the new crime, an individual would need to be at least 18 years of age and law enforcement would need to prove that the person “knowingly” entered or attempted to enter Florida “after entering the United States by eluding or avoiding examination or inspection by immigration officers.” If convicted, a violator would face a mandatory sentence of nine months behind bars. In the ruling, the judge said the state law’s mandatory-detention provision “limits federal law enforcement discretion to recommend pre-trial release and obstructs federal courts’ ability to conduct proceedings requiring defendants’ presence.” “This ruling is a critical victory not only for immigrants and their families across Florida, but all of us who hold dear core principles of our Constitution,” said Bacardi Jackson, the executive director of the ACLU of Florida.
6 comments:
Brian T….isn't desantis a layer? Does Florida have some kind of rule about attacking integrity of a judge?
@6:34AM - first of all, that is too early for this blog. But more importantly, everyone knows "rules" don't apply to Republicans.
Rules Regulating The Florida Bar 3-7.16(d) Inquiries raised or complaints presented by or to The Florida Bar about the conduct of a
constitutional officer who is required to be a member in good standing of The Florida Bar must be commenced within 6 years after the constitutional officer vacates office. DeSantis is not required to be a Member of The Florida Bar to be Governor, but the Bar does not proceed against constitutional officers while in office. And nothing wrong with 6:34 in the morning. Good time to drink coffee in peace. Single Origin, Costa Rica, or Nicaragua.
Sure - but this blog isn't bringing anyone peace. No matter how expensive their coffee is.
I'm curious about that wording: "a constitutional officer who is required to be a member in good standing of The Florida Bar . . . ." DeSantis is a constitutional officer who is a member of the Florida Bar, but is he REQUIRED to be a member of the Florida Bar? I don't think so . . . . that snippet alone makes me question that provision's applicability to him.
When is the Florida Bar going to start coming after all these batsh!t crazy lawyers, from Florida??
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