TALLAHASSEE, Fla. (WCTV) – A legal analysis from the City of Tallahassee’s attorney found the city commission could end an agreement between the Tallahassee Police Department and Immigration and Customs Enforcement (ICE).
But, such a vote would likely draw a warning letter from the Florida Attorney General and perhaps removal from office by Governor Ron DeSantis.
“The city might also argue that while it wants to cooperate in immigration matters as required by the law, it seeks to negotiate the terms of a new 287(g) agreement to address certain concerns such as indemnification,” the city attorney wrote in agenda materials.
Tallahassee Police Chief Lawrence Revell signed an agreement with ICE without a vote by the city commission. He previously told us that’s in his purview as the appointed chief of police.
He also made it clear that he believed he could be removed by the governor for failing to sign.
TPD’s agreement is fairly narrow, and currently, only one officer, a detective, is cross-deputized to conduct immigration enforcement.
Revell said TPD does not plan to do door-to-door sweeps, and the department did not choose a beat cop to go through the training.
Some city commissioners had previously floated the idea of ending the agreement, or at least reviewing it, pending the outcome of a lawsuit filed in state court by the City of South Miami.
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Toman wrote that the suit was dismissed with prejudice.
“Other cities had received threatening letters, the City of South Miami had not, and accordingly, there was no case or controversy for the court to decide,” she wrote.
That means if Tallahassee voted to rescind the agreement, it might receive a warning letter from the AG. At that point, the city could then file a lawsuit.
Toman noted the governor’s powers to remove elected city officials are up for debate, but the attorney general did threaten removal of commissioners in Key West after they affirmatively voted to end their ICE agreement.
That would be the case here, as the police chief has already signed on, meaning the elected commissioners would be overriding his decision.
Toman wrote that the state lawyers argued merely not signing an agreement, let alone overturning one, could indicate a city is a “sanctuary city,” something that’s illegal under state law.
The agreement will be discussed on Wednesday at 3 p.m. inside City Hall. City staff did not recommend a particular course of action; instead, they deferred to the commission’s direction.
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