Orlando officials say they can’t stop potential ICE facility from opening

ORLANDO, Fla. - The city of Orlando would be unable to do anything to stop an ICE detention facility from opening, according to Mayor Buddy Dyer.

After hearing concerns from residents about a potential ICE facility, Dyer said officials sought legal advice to see what options the city had. 

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"Due to the Supremacy Clause within the U.S. Constitution, the city is unable to take action to limit or regulate any activity by the federal government," Dyer said in a statement released Monday. 

The mayor’s office also released the letter it received from city attorney Mayanne Downs. 

"The law is very clear: ICE, as an agency of our federal government, ICE is immune from any local regulation that interferes in any way with its federal mandate," Downs wrote."

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Orlando residents have raised concerns after reports began circulating that federal officials were looking at an Orlando warehouse as a potential site for a detainment center. 

Local and state leaders, including Democratic Congressman Maxwell Frost and Rep. Anna Eskamani, held a news conference on Jan. 19 to speak out against the possibility of an ICE facility being built in Orlando.

"We remain committed to being a city that treats every person with dignity and respect," Dyer said in a statement Monday. "Immigrants are a valued part of our community and have helped shape a stronger, more vibrant Orlando. We encourage residents who are concerned about ICE actions to contact their representatives in Congress as Congress hold the power to oversee, fund and reform these activities."

The full letter from the city attorney is below:

Dear Mayor & Commissioners:

            In response to reports that US Immigration and Customs Enforcement (ICE) may be planning to operate a detention center here in Central Florida, within our city limits, Mayor Dyer asked us to research and report about what options the City has to regulate or prevent that plan.

            I know all of you have heard from your constituents about forced deportations by ICE, the tragedies of broken families, the fears of those who have lived and worked in our community for many years, and worries about fundamental public safety.   You’ve also heard concerns that ICE agents don’t appear to have the training, experience and leadership in law enforcement protocols, de-escalation tactics, and the overall safe policing practices we expect. Some of you have received suggestions of actions we can supposedly take, including declaring or seeking moratoriums, or using our zoning ordinances to outlaw or otherwise stop the use of property within our borders as ICE detention centers, whether directly by ICE or its agents.

            However well motivated these suggestions are, the law is very clear: ICE, as an agency of our federal government, ICE is immune from any local regulation that interferes in any way with its federal mandate. This is so because the Federal Supremacy Clause establishes that federal laws are "the supreme Law of the Land," and override – and preempt – any conflicting state or local constitutions, charters, laws or regulations. US Constitution, Art VI, Cl 2. This law is well-settled and was applied in Florida in a case in which the City of Hollywood tried to require the United States Postal Service to comply with local building and zoning regulations in building a new post office. See US Postal Service v. City of Hollywood, 974 F. Supp. 1459, 1465 (SD Fla 1997). In addition to federal law, there are other, state laws that, as you know, limit what actions we can take at the local level about ICE, deportations, and related matters.

            In sum, we can take no action to limit or regulate any activity by the federal government in its action to enforce federal immigration law, and that is clear and not debatable under the law of the United States and Florida. We are duty bound to follow the law, even when we don’t approve of it. Each and all of us have sworn to uphold and defend the law of this land, you by your oath when you took office, and those of us who are lawyers, by the oath we took when admitted to the bar to practice in the State of Florida.

           I am always available to answer any questions, or to assist in any way.

Respectfully,

Mayanne Downs

City Attorney