Fort Myers OKs agreement with ICE after removal threat by state attorney general

by Jackie Llanos, Florida Phoenix
March 21, 2025

The Fort Myers City Council reversed course amid legal threats from the state’s attorney general and signed an agreement with the federal government deputizing city police officers to act as immigration enforcement officials.

The reversal of the council’s block of the agreement with U.S. Immigration Customs Enforcement (ICE) came three days after Attorney General James Uthmeier sent them a letter warned that Gov. Ron DeSantis could remove them from office if they didn’t approve the agreement.

Three city council members who voted against the agreement earlier said they did so because they didn’t have enough information about the legal consequences, with council member Darla Bonk blaming the city’s attorney.

“We were never told this vote could expose us to becoming labeled as a sanctuary city despite the city’s continued lawful cooperation with ICE. That omission is critical to the lack of efficacy that we were displayed,” Bonk said during the Friday meeting.

“The role of the city attorney is not merely advisory, it is protective. It is the duty of our city attorney to guide this council clearly, lawfully, and thoroughly, especially when our decisions carry legal, financial, and physical implications.”

Uthmeier’s letter warned the council that its decision not to enter the agreement with ICE implicitly made Fort Myers a sanctuary city, which Florida law bans. Under a so-called 287(g) federal-state task force model, city police officers who receive training could question people about their immigration status and detain them if they are subject to deportation.

Responding to the council’s cave, Uthmeier said on X: “Good choice.” DeSantis appointed Uthmeier, his former chief of staff, as attorney general last month to replace Ashley Moody, now a U.S. senator.

The packed audience at the meeting erupted into boos after the council voted unanimously to approve the agreement with ICE, although police Deputy Chief Victor Medico couldn’t say how many officers would receive the 40-hour mandatory online training.

City Attorney Grant Alley urged the council to support the agreement.

“The attorney general’s opinion is not law, but it is persuasive. It should be given great weight,” Alley said, noting that it’s not clear whether the council broke the law.

Still, council members said they still had concerns about racial profiling, which was the reason the Obama administration discontinued its use of the 287(g) agreements after investigations and lawsuits in Maricopa County, Arizona.

Despite profiling concerns, more law agencies are joining street-level immigration enforcement

“To be clear, our vote was in concern to this because of the potential of violation of the Fourth Amendment and the racial profiling. It wasn’t that we are not in agreement of the city of Fort Myers Police Department collaborating with ICE, because we have been doing that,” Council member Diana Giraldo said, referencing a 2021 agreement allowing city police to execute and serve search orders, warrants, and subpoenas.

The agreement at issue during the Friday meeting would go beyond that, empowering police to detain people without warrants.

How are other cities and counties reacting to the pressure?

The courts could provide guidance on whether Uthmeier’s interpretation is correct, so the city of South Miami wants to punt the matter to the judicial branch, according to the Miami Herald. However, that city has not formally asked a court to intervene.

Fort Myers is not the only place where DeSantis’ push for sheriffs, state agencies, and municipalities to enter into the agreements that he labeled as the maximum level of cooperation that will lead to street-level enforcement.

In Pinellas County, the chief of school police signed a 287(g) agreement without the knowledge or authorization of the school board and superintendent, with an inquiry from Florida Phoenix alerting district officials that he had done so. Luke Williams, chief of Pinellas County Schools Police, said during a meeting on March 11 that he signed the agreement because he thought he had to.

This story has been updated to include information about a 2021 agreement between the city police and ICE.

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