Illegal immigration debate erupts over TPD's role in ICE cooperation agreement
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."
Last week, 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," arrest any alien entering or attempting to enter the country without a warrant and take and maintain custody of aliens, 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, saying that the city attorney didn't agree that TPD is legally required to comply.
"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.
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."
Requests for comment are pending with both Porter and Revell.
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 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.
This article originally appeared on Tallahassee Democrat: Tallahassee officials clash over new immigration enforcement deal
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