Florida Judge Seeks To Enjoin Parties Not Before Her Court
Florida enacted a law that permits law enforcement officials to arrest illegal aliens who enter the state. The ACLU filed suit against the state Attorney General, statewide prosecutors, and state attorneys, from enforcing the law. But the complaint did not name Florida law enforcement officials. Two days later, the District Court Judge entered an Ex Parte TRO “prohibiting Defendants and their officers, agents, employees, attorneys, and any person who are in active concert or participation with them from enforcing” the Florida Law. At a subsequent hearing, the Judge asked if she could bind all law enforcement officials, even if they are not parties or subject to the Defendants’ control.
Attorney General James Uthmeier sent an email to state law enforcement officials. The email stated, in part, “It is my view that no lawful, legitimate order currently impedes your agencies from continuing to enforce Florida’s new illegal entry and reentry laws.”
NEW: Today, Florida AG @AGJamesUthmeier filed a brief in federal court arguing that law enforcement agencies are not part of the ACLU’s lawsuit against FL’s new anti-illegal immigration laws, and they cannot be bound by the judge’s order preventing enforcement.
He sent this… pic.twitter.com/XsqPZRHssA
— Bill Melugin (@BillMelugin_) April 23, 2025
The Attorney General’s brief explains the position:
Those law-enforcement officers do not fit into the “traditional understanding of whom a federal injunction binds.” Robinson, 83 F.4th at 878. They are not parties. Nor are they Defendants’ “officers or agents,” for Defendants have no power to control or direct their behavior. Fed. R. Civ. P. 65(d)(2)(B). And they are not invariably “in active concert or participation” with the Defendants, Robinson, 83 F.4th at
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