Florida Immigration Law Battle: Orange County Faces ‘Best Effort’ ICE Agreement

Here are two words you need to understand related to federal and state efforts to combat illegal immigration and what’s happening with illegal immigration in Orange County and what the state and federal government is doing to combat it: BEST EFFORT.

In August, Mayor Jerry Demings signed an amendment to Orange County’s agreement with ICE that would allow for Orange County corrections officers to transport suspected illegal immigrants to Alligator Alcatraz, the South Florida detention facility located within the Big Cypress National Preserve in Ochopee, Florida Alligator Alcatraz in South Florida. The mere thought of doing this caused an uproar in the community and beyond, but simply put, the mayor and county had no choice.

Florida Statute 908.104(1) requires local government entities to use “best efforts” to support the enforcement of federal immigration law, and what that means is about to turn into a huge battle that will affect the whole state.

Florida Attorney General James Uthmeier is using the statute as a bludgeon on the county and its elected officials. “It is deliberately, I believe, ambiguous” Orange County’s Attorney Jeffrey Newton told the Board of County Commissioners, referring to the words “best efforts.”. He also said the statute could potentially have been used to remove the Mayor and County Commissioners from office. “The Governor could have been well within his right, in terms of their interpretation of the law, to remove the Mayor at that point in time, and perhaps all of the members of the Board of County Commissioners.” That letter also cited Florida Statute 908.103 saying local governments cannot adopt or have in effect a sanctuary policy.

Mayor Demings felt like he signed the order under duress. Using the same phrase, “I’m under duress,”, Commissioner Kelly Semrad Martinez voted against the measure, saying she’s been to the doctor because of the amount of stress. “It’s not right” she said, culminating a spirited speech by choking back tears. “It may mean that I am removed from the board, but this is a hill worth me standing on.”