TALHASSEE – The Florida Attorney General has threatened to punish Fort Myers City Council members for refusing a proposed immigration partnership with the federal government, marking the first attempt to publicly force local officials to be involved in Trump administration’s crackdown on immigration.
In a letter Tuesday, Attorney General James Usmier told city council members that the decision not to register for the immigration customs enforcement program known as 287(g) would ban areas that “constituently and directly violations” of Florida’s law banning “sanctuary cities,” or that limit collaborations on immigration enforcement in a wide range of ways.
“If council actions are not amended, all applicable civil and criminal penalties will be enforced, including but not limited to contempt, declaration or injunctive relief, and removal from duties by the Governor,” Uthmeier wrote in the letter.
Hours before Uthmeier sent the letter, Gov. Ron Desantis issued a widespread warning to local officials who did not participate in the 287(g) program. He says, “The day of inaction is over,” informing him that he will take action against them.
“Govern yourself accordingly,” the governor said in a post on X.
The governor’s warning and the Attorney General’s letter are the latest examples of how Florida can use his powers to force local officials to play a role in federal immigration enforcement to help President Donald Trump find, arrest and deport any immigrants here illegally.
DeSantis previously used his executive body to step down local officials, including two Orlando and Tampa area prosecutors. In one case, a federal judge found DeSantis violated the Florida Constitution and the First Amendment, but said he had no request to take the prosecutor.
When it comes to immigration enforcement, DeSantis is one of the most offensive governors in the country to enact laws designed to support Trump’s immigration agenda. The Fort Myers situation could test how much the state is involved to ensure it happens locally.
Fort Myers appears to be the first city in the state to vote against the State Police Department registering for the 287(g) program. The decision was emotional, and council members cried as they prepared to vote on Monday. Their final decision did not come without considering the outcome first.
At one point on Monday, city counsel Grant Alley told council members “there are results.”
Florida law requires law enforcement to work fully with federal immigration authorities, but only explicitly require that they register for the 287(g) program, which has three models, with sheriffs operating the county detention facility. State law does not require agencies to register for a particular model.
Just seven weeks after Trump’s second term, over 100 Florida law enforcement agencies have been approved to participate in the 287(g) task force model.
The Florida Security Association recently announced that all county jails in the state have joined an agreement with ICE to comply. Over the past few weeks, there have also been an increase in local and state police stations that are also registered in these partnerships.
Today, participating agencies include Highway Patrol, the Miami-Dade Sheriff’s Office, local police stations in Monroe County, Hillsboro County, Coral Gables, Tampa and St. Petersburg.
At last week’s meeting, Coral Gables Police Chief Ed Hudak, legislative secretary for the Florida Police Chiefs’ Association, said city law enforcement agencies do not need to participate in these agreements under Florida law. But ice partnerships are a way to comply with the ban on sanctuary cities in Florida, and a way to prohibit local governments from limiting cooperation with the federal government in immigration enforcement.
In Fort Myers, Police Chief Jason Fields characterized the ICE partnership as a procedural agreement.
“We don’t kick people’s doors and pull mothers and children away from home. Our focus is always on chasing the most violent and dangerous people to make our community safe,” Fields said just before the vote.
The commissioner who voted against the ICE agreement said he was concerned about racial profiling and the criminalization of residents. Census data shows Fort Myers is almost a quarter and fifth foreign-born member of Latinos.
“My city is not on sale,” City Council member Darla Bonk shed tears.
