FORT MYERS, Fla. — The split vote that had conservatives slamming Fort Myers city commissioners March 17 and 18 had been considering the implementation of what U.S. Immigrations and Customs Enforcement calls the "Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act."
SEE WHAT KAITLIN KNAPP LEARNED WHEN SHE MET MAYOR ANDERSON TUESDAY:
This memorandum of understanding provides the guidelines to deputize local and state law enforcement with certain federal powers when engaging with someone about their immigration status.
These guidelines have been a source of controversy as some question whether it over-reaches and employs racial profiling.
Legal opinions have also differed over whether participation in the program is required by law, due in part to language such as the two parties joining this effort "in good faith," and the guidance in the act, that states either ICE or the law enforcement agency can withdraw at any time.
Links to learn more:
- U.S. Immigration and Customs Enforcement: Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act —This link details how the memorandums of agreement work, what powers they authorize, and it provides monthly reports about the encounters ICE is recording as it enforces immigration laws.
- The 287(g) Program: An Overview from the American Immigration Council
After the Fort Myers vote Monday night, Florida's Attorney General promised an investigation and even posted the letter he sent to the city to his account on X.
Today, I sent a letter to the Fort Myers City Council.
— Attorney General James Uthmeier (@AGJamesUthmeier) March 18, 2025
Sanctuary policies are illegal in Florida. Your vote last night makes you a sanctuary city.
Fix this problem or face the consequences. pic.twitter.com/qBZgY8e90G
Governor Ron DeSantis was more reserved in his response, but his point was clear.
Thanks to the laws we’ve recently enacted in Florida, local entities are required to participate in federal immigration enforcement.
— Ron DeSantis (@GovRonDeSantis) March 18, 2025
The 287 (g) program trains local law enforcement to aid ICE. Florida will ensure its laws are followed, and when it comes to immigration—the days… https://t.co/drS0JI8FVR
The required participation Governor DeSantis is referring to, is written in Senate Bill 2-C Immigration, which he signed into law in February after his own brief clash with legislative leaders:
Immigration reform has not been easy. Remember Governor DeSantis's reaction to the first immigration effort state leaders tried to pull off without him? He had this to say at FGCU:
Here is a link to the history of the bill as it moved through this year's special session. The bill text is below, and take a look at page 22.
Page 22 of the document outlines what happens "if any county, district, authority, municipality, or other local government adopts an ordinance, a regulation, a rule, or a policy refusing to comply with or otherwise directing local officials, employees, or others to refuse to comply with an immigration detainer issued by a federal immigration agency..."