Florida AG Pressures Orange County Commissioners on ICE Agreement

Florida Attorney General Confronts Orange County Over Immigration Policy

Florida Attorney General James Uthmeier recently sent a letter to Orange County leaders, accusing them of implementing a “sanctuary city” policy that violates state law. The letter emphasizes that Florida law prohibits sanctuary policies and mandates local governments to make "best efforts" to assist with immigration enforcement. Uthmeier urged the Orange County Commission to adopt the ICE Addendum and allow Corrections Officers to transport undocumented individuals to approved detention facilities.

The letter also serves as a warning to Orange County Mayor Jerry Demings and the County Commissioners. It suggests that Governor Ron DeSantis could potentially remove them from office if they do not sign the addendum to the county jail’s 287(g) warrant services agreement with ICE. A spokesperson for Demings stated that the Board of County Commissioners will address the ICE addendum during their next meeting on August 5.

In June, the Florida Sheriffs Association informed every sheriff’s office and county-operated correctional facility about an update to ICE's warrant services agreement. This update includes the authority for ICE to detain and transport arrested aliens to an ICE-approved facility upon request by an ICE officer and authorization from the Law Enforcement Agency (LEA).

Mayor Demings explained his decision not to sign the addendum after a two-hour discussion on immigration enforcement and the jail’s role in holding detainees at the July 15 Board of County Commissioners’ meeting. He emphasized that transporting federal inmates is not within the core responsibility of a county correctional facility. According to Demings, this task falls under the jurisdiction of the federal government.

Uthmeier’s letter also warns the commissioners that modifying the Intergovernmental Service Agreement (IGSA) with the U.S. Marshals Services to exclude immigration provisions would violate state law. During public comment at the July 15 meeting, immigration advocates urged the commissioners to rescind the IGSA that includes holding immigration detainees from other jurisdictions and states at the Orange County jail.

Orange County Commissioner Nicole Wilson explained that the proposed IGSA modification would remove immigration enforcement activities from the agreement but retain the criminal justice component. She clarified that the move was not about rejecting federal criminals but rather about focusing on the intended purpose of the facility.

Wilson expressed concerns that involving county corrections staff in federal tasks would be harmful to Orange County Corrections. She argued that these staff members are not law enforcement and should focus on the care and custody of individuals within the Orange County jail.

In June, the county decided to reject the change. Mayor Demings reiterated his stance when the decision was made, emphasizing that transporting federal inmates is not part of the county's responsibilities. He stated that if sheriffs wish to take on this task, it is their choice, but the county’s correctional staff is not equipped for such duties.

Wilson remains confident that there is no legal threat to remove her or other county leaders from office. She challenged anyone to pursue a legal route to remove her, doubting that such action would be successful.

Several sheriff offices and county officials in Central Florida have signed the addendum that includes transportation to the 287(g) memorandum of agreement. These include:

• Lake County Sheriff Peyton Grinnell (signed on 6/11)
• Marion County Sheriff Billy Woods (signed on 6/6)
• Osceola County Corrections Chief Yuberky Almonte (signed on 6/9)
• Polk County Sheriff Grady Judd (signed on 6/9)
• Seminole County Sheriff Dennis Lemma (signed on 6/10)
• Sumter County Sheriff’s Office Lt. Samantha Sheldon (signed on 6/9)
• Volusia County Manager George Recktenwald (signed on 6/6)

All these agreements were signed by ICE Deputy Director Madison Sheahan on June 25.

WESH 2 has reached out to Orange County for further comment on the AG’s letter. The situation highlights the ongoing debate over the role of local governments in immigration enforcement and the potential consequences of non-compliance with state directives.