HomeMy WebLinkAbout2025 04 14 Consent 301 - Consideration and Approval of the Implementation of the Warrant Service Officer Program - 287(g) Agreement with U.S. Immigration and Customs Enforcement (ICE)CONSENT AGENDA ITEM 301
CITY COMMISSION AGENDA | APRIL 14, 2025 REGULAR MEETING
TITLE
Consideration and approval of the implementation of the Warrant Service Officer
Program under the 287(g) Agreement with the U.S. Immigration and Customs
Enforcement (ICE).
SUMMARY
The 287(g) Agreement enables local law enforcement agencies to enter into a
partnership with ICE, allowing designated officers to perform specific immigration
enforcement functions. Under the Warrant Service Officer Program, local officers are
trained to serve warrants related to immigration violations, including the arrest of
individuals who are the subject of ICE detainers or outstanding immigration warrants.
The program focuses on increasing collaboration between local law enforcement and
federal immigration authorities to enhance public safety, improve the efficiency of
immigration enforcement, and ensure compliance with immigration laws. Officers
who participate in this program undergo specialized training provided by ICE to ensure
proper procedures are followed during warrant service.
FUNDING SOURCE
RECOMMENDATION
Staff recommends that the Commission approve the signing of the MOA authorizing
participation in the Warrant Service Officer Program under the 287(g) Agreement with
U.S. Immigration and Customs Enforcement and direct the necessary steps to
implement the program in accordance with ICE guidelines.
208
Statute Titles ❯ Title 47 ❯ Ch. 908 - Federal immigration enforcement
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908.101 Legislative findings and intent.
The Legislature finds that it is an important state interest to cooperate and assist the federal
government in the enforcement of federal immigration laws within this state.
History.—s. 1, ch. 2019-102.
908.102 Definitions.
As used in this chapter, the term:
(1) “Federal immigration agency” means the United States Department of Justice and the United
States Department of Homeland Security, a division within such an agency, including United States
Immigration and Customs Enforcement and United States Customs and Border Protection, any
successor agency, and any other federal agency charged with the enforcement of immigration law.
(2) “Immigration detainer” means a facially sufficient written or electronic request issued by a
federal immigration agency using that agency’s official form to request that another law
enforcement agency detain a person based on probable cause to believe that the person to be
detained is a removable alien under federal immigration law, including detainers issued pursuant to
8 U.S.C. ss. 1226 and 1357 along with a warrant described in paragraph (c). For purposes of this
subsection, an immigration detainer is deemed facially sufficient if:
(a) The federal immigration agency’s official form is complete and indicates on its face that the
federal immigration official has probable cause to believe that the person to be detained is a
removable alien under federal immigration law; or
(b) The federal immigration agency’s official form is incomplete and fails to indicate on its face that
the federal immigration official has probable cause to believe that the person to be detained is a
removable alien under federal immigration law, but is supported by an affidavit, order, or other
official documentation that indicates that the federal immigration agency has probable cause to
believe that the person to be detained is a removable alien under federal immigration law; and
(c) The federal immigration agency supplies with its detention request a Form I-200 Warrant for
Arrest of Alien or a Form I-205 Warrant of Removal/Deportation or a successor warrant or other
warrant authorized by federal law.
(3) “Inmate” means a person in the custody of a law enforcement agency.
(4) “Law enforcement agency” means an agency in this state charged with enforcement of state,
county, municipal, or federal laws or with managing custody of detained persons in this state and
includes municipal police departments, sheriffs’ offices, state police departments, state university
and college police departments, county correctional agencies, and the Department of Corrections.
(5) “Local governmental entity” means any county, municipality, or other political subdivision of this
state.
(6) “Sanctuary policy” means a law, policy, practice, procedure, or custom adopted or allowed by a
state entity or local governmental entity which prohibits or impedes a law enforcement agency from
complying with 8 U.S.C. s. 1373 or which prohibits or impedes a law enforcement agency from
communicating or cooperating with a federal immigration agency so as to limit such law
enforcement agency in, or prohibit the agency from:
(a) Complying with an immigration detainer;
(b) Complying with a request from a federal immigration agency to notify the agency before the
release of an inmate or detainee in the custody of the law enforcement agency;
(c) Providing a federal immigration agency access to an inmate for interview;
(d) Participating in any program or agreement authorized under s. 287 of the Immigration and
Nationality Act, 8 U.S.C. s. 1357 as required by s. 908.11;
(e) Providing a federal immigration agency with an inmate’s incarceration status or release date; or
(f) Providing information to a state entity on the immigration status of an inmate or detainee in the
custody of the law enforcement agency.
(7) “State entity” means the state or any office, board, bureau, commission, department, branch,
division, or institution thereof, including institutions within the State University System and the
Florida College System.
History.—s. 1, ch. 2019-102; s. 2, ch. 2022-193.
908.103 Sanctuary policies prohibited.
A state entity, law enforcement agency, or local governmental entity may not adopt or have in effect
a sanctuary policy.
History.—s. 1, ch. 2019-102.
908.104 Cooperation with federal immigration authorities.
(1) A law enforcement agency shall use best efforts to support the enforcement of federal
immigration law. This subsection applies to an official, representative, agent, or employee of the
entity or agency only when he or she is acting within the scope of his or her official duties or within
the scope of his or her employment.
(2) Except as otherwise expressly prohibited by federal law, a state entity, local governmental entity,
or law enforcement agency, or an employee, an agent, or a representative of the entity or agency,
may not prohibit or in any way restrict a law enforcement agency from taking any of the following
actions with respect to information regarding a person’s immigration status:
(a) Sending the information to or requesting, receiving, or reviewing the information from a federal
immigration agency for purposes of this chapter.
(b) Recording and maintaining the information for purposes of this chapter.
(c) Exchanging the information with a federal immigration agency or another state entity, local
governmental entity, or law enforcement agency for purposes of this chapter.
(d) Using the information to comply with an immigration detainer.
(e) Using the information to confirm the identity of a person who is detained by a law enforcement
agency.
(f) Sending the applicable information obtained pursuant to enforcement of s. 448.095 to a federal
immigration agency.
(3)(a) For purposes of this subsection, the term “applicable criminal case” means a criminal case in
which:
1. The judgment requires the defendant to be confined in a secure correctional facility; and
2. The judge:
a. Indicates in the record under s. 908.105 that the defendant is subject to an immigration detainer;
or
b. Otherwise indicates in the record that the defendant is subject to a transfer into federal custody.
(b) In an applicable criminal case, when the judge sentences a defendant who is the subject of an
immigration detainer to confinement, the judge shall issue an order requiring the secure
correctional facility in which the defendant is to be confined to red uce the defendant’s sentence by
a period of not more than 12 days on the facility’s determination that the reduction in sentence will
facilitate the seamless transfer of the defendant into federal custody. For purposes of this
paragraph, the term “secure correctional facility” means a state correctional institution as defined
in s. 944.02 or a county detention facility or a municipal detention facility as defined in s. 951.23.
(c) If the information specified in sub-subparagraph (a)2.a. or sub -subparagraph (a)2.b. is not
available at the time the sentence is pronounced in the case, but is received by a law enforcement
agency afterwards, the law enforcement agency shall notify the judge who shall issue the order
described by paragraph (b) as soon as the information becomes available.
(4) When a county correctional facility or the Department of Corrections receives verification from a
federal immigration agency that a person subject to an immigration detainer is in the law
enforcement agency’s custody, the agency may securely transport the person to a federal facility in
this state or to another point of transfer to federal custody outside the jurisdiction of the law
enforcement agency. The law enforcement agency may transfer a person who is subject to an
immigration detainer and is confined in a secure correctional facility to the custody of a federal
immigration agency not earlier than 12 days before his or her release date. A law enforcement
agency shall obtain judicial authorization before securely transporting an alien to a point of transfer
outside of this state.
(5) This section does not require a state entity, local governmental entity, or law enforcement
agency to provide a federal immigration agency with information related to a victim of or a witness
to a criminal offense if the victim or witness timely and in good faith responds to the entity’s or
agency’s request for information and cooperation in the investigation or prosecution of the offense.
(6) A state entity, local governmental entity, or law enforcement agency that, pursuant to
subsection (5), withholds information regarding the immigration information of a victim of or
witness to a criminal offense shall document the victim’s or witness’s cooperation in the entity’s or
agency’s investigative records related to the offense and shall retain the records for at least 10
years for the purpose of audit, verification, or inspection by the Auditor General.
(7) This section does not authorize a law enforcement agency to detain an alien unlawfully present
in the United States pursuant to an immigration detainer solely because the alien witnessed or
reported a crime or was a victim of a criminal offense.
(8) This section does not apply to any alien unlawfully present in the United States if he or she is or
has been a necessary witness or victim of a crime of domestic violence, rape, sexual exploitation,
sexual assault, murder, manslaughter, assault, batter y, human trafficking, kidnapping, false
imprisonment, involuntary servitude, fraud in foreign labor contracting, blackmail, extortion, or
witness tampering.
History.—s. 1, ch. 2019-102; s. 12, ch. 2023-40.
908.105 Duties related to immigration detainers.
(1) A law enforcement agency that has custody of a person subject to an immigration detainer
issued by a federal immigration agency shall:
(a) Provide to the judge authorized to grant or deny the person’s release on bail under chapter 903
notice that the person is subject to an immigration detainer.
(b) Record in the person’s case file that the person is subject to an immigration detainer.
(c) Upon determining that the immigration detainer is in accordance with s. 908.102(2), comply with
the requests made in the immigration detainer.
(2) A law enforcement agency is not required to perform a duty imposed by paragraph (1)(a) or
paragraph (1)(b) with respect to a person who is transferred to the custody of the agency by another
law enforcement agency if the transferring agency performed that duty before the transfer.
(3) A judge who receives notice that a person is subject to an immigration detainer shall cause the
fact to be recorded in the court record, regardless of whether the notice is received before or after a
judgment in the case.
History.—s. 1, ch. 2019-102.
908.106 Reimbursement of costs.
Each county correctional facility shall enter into an agreement or agreements with a federal
immigration agency for temporarily housing persons who are the subject of immigration detainers
and for the payment of the costs of housing and detaining those persons. A compliant agreement
may include any contract between a correctional facility and a federal immigration agency for
housing or detaining persons subject to immigration detainers, such as basic ordering agreements
in effect on or after July 1, 2019, agreements authorized by s. 287 of the Immigration and Nationality
Act, 8 U.S.C. s. 1357, or successor agreements and other similar agreements authorized by federal
law.
History.—s. 1, ch. 2019-102.
908.107 Enforcement.
(1) Any executive or administrative state, county, or municipal officer who violates his or her duties
under this chapter may be subject to action by the Governor in the exercise of his or her authority
under the State Constitution and state law. Pursuant to s. 1(b), Art. IV of the State Constitution, the
Governor may initiate judicial proceedings in the name of the state against such officers to enforce
compliance with any duty under this chapter or restrain any unauthorized act contrary to this
chapter.
(2) In addition, the Attorney General may file suit against a local governmental entity or local law
enforcement agency in a court of competent jurisdiction for declaratory or injunctive relief for a
violation of this chapter.
(3) If a local governmental entity or local law enforcement agency violates this chapter, the court
must enjoin the unlawful sanctuary policy. The court has continuing jurisdiction over the parties
and subject matter and may enforce its orders with the initiation of contempt proceedings as
provided by law.
(4) An order approving a consent decree or granting an injunction must include written findings of
fact that describe with specificity the existence and nature of the sanctuary policy that violates this
chapter.
History.—s. 1, ch. 2019-102.
908.108 Education records.
This chapter does not apply to the release of information contained in education records of an
educational agency or institution, except in conformity with the Family Educational Rights and
Privacy Act of 1974, 20 U.S.C. s. 1232g.
History.—s. 1, ch. 2019-102.
908.109 Discrimination prohibited.
A state entity, a local governmental entity, or a law enforcement agency, or a person employed by or
otherwise under the direction or control of the entity or agency, may not base its actions under this
chapter on the gender, race, religion, national origin, or physical disability of a person except to the
extent authorized by the United States Constitution or the State Constitution.
History.—s. 1, ch. 2019-102.
908.11 Immigration enforcement assistance agreements; reporting requirement.
(1) By January 1, 2023, each law enforcement agency operating a county detention facility must
enter into a written agreement with the United States Immigration and Customs Enforcement to
participate in the immigration program established under s. 287(g) of the Immigration and
Nationality Act, 8 U.S.C. s. 1357. This subsection does not require a law enforcement agency to
participate in a particular program model.
(2) Beginning no later than October 1, 2022, and until the law enforcement agency enters into the
written agreement required under subsection (1), each law enforcement agency operating a county
detention facility must notify the Department of Law Enforceme nt quarterly of the status of such
written agreement and any reason for noncompliance with this section, if applicable.
History.—s. 3, ch. 2022-193.
908.111 Prohibition against governmental entity contracts with common carriers; required
termination provisions.
(1) As used in this section, the term:
(a) “Common carrier” means a person, firm, or corporation that undertakes for hire, as a regular
business, to transport persons or commodities from place to place, offering his or her services to
all such as may choose to employ the common carrier and pay his or her charges.
(b) “Contract” means a contract that is subject to the competitive procurement requirements of the
contracting governmental entity or a contract for an amount or duration requiring it to include
written provisions under the procurement requirements of the governmental entity.
(c) “Governmental entity” means an agency of the state, a regional or local government created by
the State Constitution or by a general or special act, a county or municipality, or any other entity
that independently exercises governmental authority.
(d) “Unauthorized alien” means a person who is unlawfully present in the United States according
to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The term shall
be interpreted consistently with any applicable federal statutes, rules, or regulations.
(2) A governmental entity may not execute, amend, or renew a contract with a common carrier or
contracted carrier if the carrier is willfully providing any service in furtherance of transporting a
person into the State of Florida knowing that the person is an unauthorized alien, except to facilitate
the detention, removal, or departure of the person from this state or the United States.
(3) A contract between a governmental entity and a common carrier or contracted carrier which is
executed, amended, or renewed on or after October 1, 2022, including a grant agreement or
economic incentive program payment agreement, must include:
(a) An attestation by the common carrier or contracted carrier, in conformity with s. 92.525, that the
common carrier or contracted carrier is not willfully providing and will not willfully provide any
service during the contract term in furtherance of transporting a person into this state knowing that
the person is an unauthorized alien, except to facilitate the detention, removal, or departure of the
person from this state or the United States. A governmental entity is deemed to be in compliance
with subsection (2) upon receipt of the common carrier’s or contracted carrier’s attestation; and
(b) A provision for termination for cause of the contract, grant agreement, or economic incentive
program payment agreement if a common carrier or contracted carrier is found in violation of its
attestation.
(4) The Department of Management Services shall develop by rule a common carrier and
contracted carrier attestation form no later than August 30, 2022.
History.—s. 4, ch. 2022-193.
1Note.—Section 1, ch. 2023-3, provides:
“(1) As used in this section, the term “inspected unauthorized alien” means an individual who has
documentation from the United States Government indicating that the United States Government
processed and released him or her into the United States without admitting the individual in
accordance with the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The term
must be interpreted consistently with any applicable federal statutes, rules, or regulations.
“(2) The Legislature finds that the Federal Government has failed to secure the nation’s borders and
has allowed a surge of inspected unauthorized aliens to enter the United States. In January 2023,
the Governor issued Executive Order 23-03, directing state law enforcement agencies and other
state agencies to take necessary actions to protect Floridians from the impacts of the border crisis.
Without such action, detrimental effects may be experienced in Florida, including increased crime,
diminished economic opportunities and wages for American workers, and burdens on the
education and health care systems. The Legislature finds that the Federal Government has proven
itself unwilling to address this crisis.
“(3) To mitigate the effects of this crisis on the State of Florida, the Unauthorized Alien Transport
Program is created within the Division of Emergency Management within the Executive Office of the
Governor for the purpose of facilitating the transport of inspected unauthorized aliens within the
United States, consistent with federal law. Notwithstanding s. 287.057, Florida Statutes, the
division is authorized to contract for services to implement the program.
“(4) The division may adopt rules to implement the program.
“(5) This section expires June 30, 2025.”
908.12 Transnational crime organizations; reclassification.
(1) As used in this section, the term “transnational crime organization” means an organization that
routinely facilitates the international trafficking of drugs, humans, or weapons or the international
smuggling of humans.
(2) The penalty for any misdemeanor or felony may be reclassified if the commission of such
misdemeanor or felony was for the purpose of benefiting, promoting, or furthering the interests of a
transnational crime organization. The reclassification is as follows:
(a) A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.
(b) A misdemeanor of the first degree is reclassified to a felony of the third degree.
(c) A felony of the third degree is reclassified to a felony of the second degree.
(d) A felony of the second degree is reclassified to a felony of the first degree.
(e) A felony of the first degree is reclassified to a life felony.
History.—s. 2, ch. 2024-8
POLITICS
After immigration training vote fails,
Florida attorney general is investigating.
What we know
C. A. Bridges and Charlie Whitehead USA TODAY NETWORK - Florida
Published 10:49 a.m. ET March 18, 2025 Updated 3:44 p.m. ET March 18, 2025
The state attorney's office will be investigating the members of a Florida city who
voted against an agreement for local law enforcement to train as immigration
enforcement officers, according to a social media post.
"The Fort Myers City Council’s vote to not approve the police department’s 287(g)
agreement with ICE is very troubling," Florida Attorney General James Uthmeier
said in a post to X, formerly Twitter, Monday night after the city council meeting.
"Preventing a local law enforcement agency from entering into a 287(g) agreement
with the federal government prevents that agency from participating in certain
federal immigration operations.
"These council members actions likely run afoul of Florida Statute, and my office
will be investigating."
Key Points
The Fort Myers City Council voted 3-3 on an agreement that would train city police officers to act as ICE officers.
Florida Attorney General James Uthmeier stated he will investigate the council members who voted against the
agreement, claiming their actions may violate Florida law.
Opponents of the 287(g) program argue it leads to racial profiling, targets individuals with minimal criminal
history, and damages relationships between law enforcement and minority communities.
AI-assisted summary
4/3/25, 12:15 PM Florida to investigate Fort Myers council after ICE training vote
https://www.news-press.com/story/news/politics/2025/03/18/florida-attorney-general-investigate-fort-myers-councilmembers-voted-against-immigratio…1/6
Gov. Ron DeSantis didn't call out Fort Myers specifically, but on Tuesday morning
he shared the Fort Myers News-Press story about the vote on X and said, "Thanks to
the laws we’ve recently enacted in Florida, local entities are required to participate
in federal immigration enforcement. The 287 (g) program trains local law
enforcement to aid ICE. Florida will ensure its laws are followed, and when it comes
to immigration—the days of inaction are over. Govern yourselves accordingly."
DeSantis has previously vowed to suspend from office any local officials who do not
agree to help.
U.S. Congressman and Florida gubernatorial candidate Byron Donalds said on X
Monday night that the city council's actions were "dereliction of duty."
"They should be REMOVED," Donalds said.
Here's what to know.
Takllahassee officials clash: Illegal immigration debate erupts over TPD’s role in ICE cooperation
agreement
What did the Fort Myers City Council vote on?
On Monday night, the city council was voting on an agreement to provide for the
training of city police officers to act as ICE officers in the task force model of ICE's
287(g) program. This program allows local law enforcement to detain, interrogate,
and arrest without warrant anyone the officer believes entered the country
unlawfully.
Nominated officers must have at least two years of experience and qualify for
federal security clearance.
How did the Fort Myers City Council members vote?
The Fort Myers City Council deadlocked Monday night 3-3.
4/3/25, 12:15 PM Florida to investigate Fort Myers council after ICE training vote
https://www.news-press.com/story/news/politics/2025/03/18/florida-attorney-general-investigate-fort-myers-councilmembers-voted-against-immigratio…2/6
Fort Myers Mayor Kevin Anderson and councilmen Fred Burson and Liston
Bochette voted to approve the agreement.
Councilwomen Darla Bonk, Terolyn Watson and Diana Giraldo voted against the
agreement.
Councilwoman Teresa Watkins Brown, who attended the meeting through
Zoom, was ineligible to vote.
A long parade of residents spoke against the agreement during the meeting. No one
spoke in favor.
What is the 287(g) program?
ICE's 287(g) program allows the department to authorize state and local law
enforcement to help "identify and remove criminal aliens who are amenable to
removal from the U.S.," according to ICE.
The program has three models to allow local law enforcement to partner with ICE:
Jail Enforcement Model: Designed to identify and process removable illegal
immigrants with criminal or pending criminal charges who are arrested by state
or local law enforcement agencies. All the Florida counties are enrolled in this
model.
Task Force Model: Allows law enforcement agencies to enforce limited
immigration authority with ICE oversight during their routine police duties.
Warrant Service Officer: Allows ICE to train, certify and authorize state and
local law enforcement officers to serve and execute administrative warrants on
aliens in their agency’s jail.
According to the non-profit American Immigration Council, under the Task Force
Model, local law enforcement is trained and deputized to:
interview individuals to ascertain their immigration status
check DHS databases for information on individuals
4/3/25, 12:15 PM Florida to investigate Fort Myers council after ICE training vote
https://www.news-press.com/story/news/politics/2025/03/18/florida-attorney-general-investigate-fort-myers-councilmembers-voted-against-immigratio…3/6
issue immigration detainers to hold individuals until ICE takes custody
enter data into ICE’s database and case management system
issue a Notice to Appear (NTA), the official charging document that begins the
removal process
make recommendations for voluntary departure in place of formal removal
proceedings
make recommendations for detention and immigration bond
transfer noncitizens into ICE custody.
Florida law already requires local law enforcement to cooperate with federal
immigration enforcement.
The Florida Highway Patrol, the Florida Department of Law Enforcement, the
Florida Fish and Wildlife Conservation Commission, the Florida Department of
Agricultural Law Enforcement and DeSantis' Florida State Guard have already
agreed to the task force model.
More than 400 Florida State Troopers have already completed the ICE 287(g)
training, the FHP said Friday. DeSantis said on X that was more than any entity in
the country.
"This is a sea change from the Biden years when the federal government refused to
delegate immigration enforcement authority to state and local law enforcement,"
DeSantis said.
In February, state officials announced that all 67 sheriff’s offices in Florida would be
able to join in street-level enforcement operations with ICE.
Why vote against it?
The American Immigration Council said the 287(g) model has:
Led to increased racial profiling by law enforcement
Been costly for local governments
4/3/25, 12:15 PM Florida to investigate Fort Myers council after ICE training vote
https://www.news-press.com/story/news/politics/2025/03/18/florida-attorney-general-investigate-fort-myers-councilmembers-voted-against-immigratio…4/6
Historically targeted individuals with little or no criminal history
Damaged relationships between local law enforcement and communities of color
The city council cited studies that said training and ICE oversight have been
lacking, and detailed stories of local departments abandoning the program because
of increased costs.
"I can't stand behind this," Councilwoman Diana Giraldo said. "I have been in that
position. I can't even express how heavy this is in my heart."
Could the Trump administration sue Fort Myers?
It's possible.
President Donald Trump campaigned on tougher immigration enforcement and
mass deportations and he has followed through, declaring a border emergency,
allowing immigration officers to make arrests at churches and schools, planning
new travel bans on dozens of countries and invoking the Alien Enemies Act of 1798
to deport nearly 300 Venezuelans despite a judge's order, among other sweeping
measures.
The Trump administration has also been taking aim at anyone who gets in the way.
One of Trump's first-day executive orders denies federal funds to any "sanctuary"
jurisdictions and directs the Justice Department to investigate state or local officials
who limit cooperation with federal law enforcement.
In February, the administration sued the state of Illinois and the city of Chicago for
obstructing ICE efforts.
During the meeting, Councilwoman Bonk was clearly upset that her vote cou;d risk
state or federal funding.
"This is a day I hate to be in this seat," she said. "But my seat is not for sale."
4/3/25, 12:15 PM Florida to investigate Fort Myers council after ICE training vote
https://www.news-press.com/story/news/politics/2025/03/18/florida-attorney-general-investigate-fort-myers-councilmembers-voted-against-immigratio…5/6
(This story was updated with new information.)
4/3/25, 12:15 PM Florida to investigate Fort Myers council after ICE training vote
https://www.news-press.com/story/news/politics/2025/03/18/florida-attorney-general-investigate-fort-myers-councilmembers-voted-against-immigratio…6/6
For Immediate Release: March 11, 2025
Contact: Office of the SBIE Executive Director, ImmigrationDirector@fdle.state.fl.us
Immigration Director Opens Accountability Dashboard
for Concerned Law Enforcement
Executive Director Larry Keefe provides an avenue for reporting local law enforcement agencies for
failing to comply with Florida’s immigration laws
TALLAHASSEE, Fla. — Today, State Board of Immigration Enforcement (SBIE)
Executive Director Larry Keefe announced the creation of the “Law Enforcement
Accountability Dashboard” (LEAD). This program will work to ensure local government
entities like sheriff’s offices and police departments are actively complying with Florida
immigration law.
Under Florida law, any official representing a law enforcement agency that does not use
their best efforts to support the enforcement of federal immigration law is in violation of
Florida statute and is subject to penalties and judicial proceedings by the Attorney
General, or removal from office by the Governor.
“This reporting system will provide a direct channel for officers and employees to report
any failure by their agency to comply with Florida’s immigration enforcement policies,”
Executive Director Keefe said. “Let there be no misunderstanding—Florida law will be
enforced.”
The dashboard can be found by visiting the SBIE website. All reports will be thoroughly
reviewed by FDLE, and appropriate actions will be taken as necessary in accordance
with Florida law.
###
LOCAL
Illegal immigration debate erupts over
TPD’s role in ICE cooperation agreement
'If you and the City Attorney are not in agreement, then maybe the issue isn’t so clear,' City
Commissioner Jack Porter wrote in an email to City Manager Reese Goad.
Published 12:06 p.m. ET March 17, 2025 Updated 4:09 p.m. ET March 17, 2025
The Tallahassee Police Department has agreed to join the statewide crackdown on
illegal immigration, which ignited a testy email conversation between the city
manager and a city commissioner.
Larry Keefe, a former U.S. attorney for the Northern District of Florida who is now
serving as head of the new State Board of Immigration Enforcement, on Tuesday
announced that the board created an accountability dashboard to ensure local law
enforcement is in compliance with Florida's newest immigration laws.
“This reporting system will provide a direct channel for officers and employees to
report any failure by their agency to comply with Florida’s immigration
enforcement policies,” Keefe said in a statement. “Let there be no misunderstanding
– Florida law will be enforced."
Elena Barrera
Tallahassee Democrat
Key Points
The Tallahassee Police Department agreed to a memorandum of agreement with ICE to help round up illegal
immigrants.
City Commissioner Jack Porter questioned the legal requirement of the agreement, while City Manager Reese Goad
defended the decision to comply.
AI-assisted summary
4/3/25, 12:16 PM Tallahassee officials clash over new immigration enforcement deal
https://www.tallahassee.com/story/news/local/2025/03/17/tallahassee-officials-clash-over-new-immigration-enforcement-deal/82410660007/1/4
On March 4, TPD signed a memorandum of agreement, a written document
outlining a cooperative relationship between two or more parties, detailing its
commitment to helping Immigration and Customs Enforcement (ICE) round up
illegal immigrants.
The memorandum allows for select officers to carry out functions of an immigration
officer such as the power to interrogate "any alien or person believed to be an alien,"
and "arrest without a warrant any alien entering or attempting to unlawfully enter
the United States," according to the document.
Any law enforcement officer not using "their best efforts to support the enforcement
of federal immigration law is in violation of Florida statute and is subject to
penalties and judicial proceedings by the Attorney General, or removal from office
by the Governor," the State Board of Immigration Enforcement's news release says.
City Manager Reese Goad defended the city's decision to City Commissioner Jack
Porter on this basis. But Porter said it's her responsibility to understand what is
legally required of the city and isn't clear whether this action is. She told the
Democrat that in her conversations with the city attorney, the attorney didn't agree
that TPD was legally required to enter into the agreement.
"If you and the City Attorney are not in agreement, then maybe the issue isn’t so
clear," Porter wrote in an email thread Goad provided to the Tallahassee Democrat.
"Even the police chief of Coral Gables – who has entered into the same agreement –
stated on record that it was not legally required of them."
"I don’t understand your point," Goad replied. "You seem to say that if someone
thinks it is not legally required then it shouldn’t be done. There are a lot of legal
opinions. I wish to avoid that kind of overthink and legal debate."
Goad further explained that the decision to comply is up to him and TPD Chief
Lawrence Revell: "You are welcome to indicate that we shouldn’t do it, and take
whatever action you deem appropriate," he wrote.
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Porter pressed Goad to share where he got his legal opinion "since it did not come
from the City Attorney and since you are not an attorney."
She went on: "If the answer is that you came to the conclusion on your own from
reading the order, then that’s your answer. I’m not an attorney either, which is why
I consult with attorneys."
"Based on all of the context here, I assume you believe we reached the wrong
conclusion and should not execute the agreement," Goad replied. "Therefore, your
opinion must be that the City is not legally required to do so and is not subject to
any penalty for failure to act. However, you are reluctant to state your position."
Porter told the Democrat in a text that it is her "elected job to carefully consider and
understand the allocation of scarce local resources as well as our legal obligations."
"Every Tallahassee resident should be concerned that an unelected city manager is
making legal decisions without consulting our city attorney and refusing to answer
basic questions about his decision-making process," she wrote.
While Goad didn't consult the city attorney, he noted Revell sought advice from the
department's legal counsel, which works for the city attorney's office. He also noted
that sheriff's offices across the state and more than a hundred police departments
have signed similar agreements.
Revell said statutes have mandated that law enforcement officers comply or face a
penalty for not putting forth their best efforts. After numerous discussions, Revell
said he determined it was the right course of action to sign the memorandum.
At the end of February, the state said all its counties are to enter what's known as
a 287(g) task force model agreement and a warrant service officer program. This is
the type of agreement TPD signed.
The agreement allows local law enforcement to enforce immigration violations as
part of their routine duties and allows ICE to train, certify and authorize local law
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enforcement to serve and execute administrative warrants in their jails.
Mandating local law enforcement to participate is the latest effort to support
President Donald Trump and his mandate for mass deportations to address illegal
immigration after Gov. Ron DeSantis signed an anti-immigration bill into law last
month.
Local government watchdog reporter Elena Barrera can be reached
at ebarrera@tallahassee.com. Follow her on X: @elenabarreraaa.
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