ORLANDO, Fla. — Orlando Mayor Buddy Dyer says the city government can’t stop an Immigration and Customs Enforcement (ICE) detention facility from opening up in the city. Local leaders have recently addressed concerns about increased immigration enforcement and the potential opening of a facility for detainees in Central Florida.
What You Need To Know
Orlando Mayor Buddy Dyer says part of the U.S. Constitution allows the federal government to do what it wants regarding immigration enforcement, as long as it follows federal law
While federal authorities haven’t confirmed any plans to open up a local facility in Orlando, local leaders and immigration advocates say earlier this month, immigration officers reportedly visited a warehouse facility in east Orange County, considering it as a possible ICE detention center
An Orlando city attorney says the federal Supremacy Clause in the U.S. Constitution allows the federal government to carry out immigration enforcement without having to adhere to local or state laws
An ICE spokesperson said they are expanding detention space across the country to support their ongoing immigration enforcement, but said they have no new detention centers to announce at this time
Dyer says part of the U.S. Constitution allows the federal government to do what it wants regarding immigration enforcement, as long as it follows federal law. The federal government does not have to adhere to any laws passed by a city or state.
While federal authorities haven’t confirmed any plans to open up a local facility in Orlando, local leaders and immigration advocates say earlier this month, immigration officers reportedly visited a warehouse facility in east Orange County, considering it as a possible ICE detention center.
When the mayor sought legal advice on whether the city could do anything to regulate or prevent an ICE facility from potentially opening, Orlando City Attorney Mayanne Downs said they don’t.
“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,” Downs said.
A few cities and local municipalities across the country have discussed and even passed measures to stop an ICE facility from opening in their communities. David Haas, a federal criminal defense attorney who’s an expert on federal law, says those measures likely wouldn’t stand up in court.
“The local ordinances that maybe towns across the country are trying to do maybe could tie it up in litigation and ultimately though, the city could end up eating costs and eat that on both sides. For the federal government and for the local city, but the supremacy clause does dictate. It’s pretty clear in that,” said Haas.
An ICE spokesperson said they are expanding detention space across the country to support their ongoing immigration enforcement, but said they have no new detention centers to announce at this time.
Most local and congressional leaders were not available for immediate comment on the matter.
Rep. Daniel Webster issued a statement that said, in part, “Should ICE establish a facility in the area, I am confident that it would meet established standards and serve the purpose of protecting public safety.”
Dyer had a message for those concerned with ICE’s activities.
“We encourage residents who are concerned about ICE actions to contact their representatives in Congress, as Congress holds the power to oversee, fund and reform these activities,” said Dyer.