City officials in Fort Myers, Florida, unanimously agreed to pass a memorandum on Friday allowing local authorities to receive training from U.S. Immigration and Customs Enforcement and assist with deportations. This decision reverses a contentious vote earlier this week that led to threats of suspension from state officials.
The three-hour special meeting began with two hours of spirited public comment, with most speakers dissenting the memorandum by citing fears of increased racial profiling as a top concern. The presiding officer of public comment also continually interrupted speakers who discussed the council's vote or thanked councilmembers on Monday who disagreed with the memorandum, saying that it was off-topic to Friday's meeting.
Then, councilmembers prompted questions to Fort Myers Deputy Police Chief Victor Medico and City Attorney Grant Alley, who Councilmember Darla Bonk called out for leaving members with multiple unanswered questions before Friday's presentation.
“I must express my grave concern that there was a significant dereliction of the duty on the part of my city attorney,” said Bonk, who initially voted against the agreement earlier this week. “We, as councilmembers, were put in the position of voting on a matter that was not within our legal authority or jurisdiction, as a state rep also reminded us at the top of this meeting. The actions subjected us public servants to unnecessary grave, personal and professional risk.”
City officials' about-face comes a day after Gov. Ron DeSantis warned them that failing to approve an immigration agreement could have steep consequences, including suspension from office. Earlier this week, state Attorney General James Uthmeier announced an investigation of councilmembers who voted against the agreement, saying the city was implementing an illegal sanctuary policy.
Councilmember Diana Giraldo said in the meeting that she was concerned with the memorandum's designation of authorized functions to police officers, saying it could boost racial profiling. These functions, according to the memorandum, include the power to arrest any immigrant who does not have legal status without a warrant and the power to interrogate any person believed to be an immigrant.
Giraldo said the city already has been working with federal immigration agents for years, a reason she objected to any claims of Fort Myers being a sanctuary city.
When asked, Alley said it was “very not clear” whether the council violated the law, and that he'd normally suggest asking the attorney general. In this case, the attorney general weighed in, and when asked he advised the councilmembers to support this agreement.
“The attorney general is not a court, but it is the top law enforcement, and they issue opinions, and this wasn't in the form of an opinion. This was in the form of an immediate compliance with state immigration laws,” Alley said.
In Uthmeier's letter, he cited laws passed by Florida legislators just earlier this year in a special session, which include provisions that say state and local law enforcement and supervising entities must use “best efforts to support the enforcement of federal immigration law.”
