Punta Gorda has become the latest city to join the 287(g) task force.
The City Council met Wednesday morning to discuss an agenda item approving a memorandum of agreement between the Punta Gorda Police Department and U.S. Immigration and Customs Enforcement (ICE).
The agreement deputizes the local police department to act in accordance with ICE to identify and remove criminal aliens who are amenable to removal from the United States or question those they suspect to be undocumented.
Local residents expressed mixed opinions about the agreement.
One resident, an immigrant, spoke in support of the agreement. “I [emigrated] to this country. I love this country. I would ask you to please enforce federal and state local laws. They’re protect me as an immigrant,” she said. However, not all residents shared this perspective. Wendy Young, who opposed the agreement, voiced her concerns at the meeting.
“As I mentioned in my email, I oppose this memorandum of understanding. I understand the pressure from both the governor and the attorney general, who has already threatened the city of Fort Myers.” she stated.
The City of Fort Myers failed to pass the agreement with ICE by virtue of a 3-3 deadlock vote on Monday. Congressman Byron Donalds, Governor Ron DeSantis and Florida General Attorney James Uthmeier have all commented on the meeting's outcome.
The Fort Myers City Council has planned a special meeting at 2 p.m. on Friday to revisit the agenda item.
Punta Gorda Police Chief Pamela Smith addressed the council to clarify any misunderstandings. She explained that ICE would cover the cost of any specialized officer training, including travel expenses, while the city would continue to pay the officers' salaries.
Chief Smith also noted that officers who have volunteered for the program include a retired border patrol agent, although she did not name the individual.
“We will not be going out and conducting raids or pulling people from their homes,” she explained. “We won’t be entering schools or churches to search for people. Officers will only perform duties related to the task force while carrying out their regular responsibilities.”
When the time came to vote, the agenda item passed unanimously from the council. However, the city attorney, David Levin, had some legal concerns he felt obligated to address after the vote had already been made.
“As my time as city attorney is coming to a close, I hesitate to comment, but I must advise the city on legal matters,” he began. “Based on my review of the materials, I believe the police chief may be under the impression that the primary purpose of this agreement is to allow city police officers to serve administrative warrants, which they currently do not have authority to do. If this were the sole purpose of the agreement, I would have fewer concerns about the city’s legal liability.”
Referencing a specific paragraph of the agreement that grants officers the authority to question suspected individuals about their immigration status, the city attorney pointed out that the agreement does not offer reimbursement for potential lawsuits and requires the city to have an interpreter available, both of which would incur additional expenses for the city.
“The city is not legally required to adopt this memorandum of agreement,” Levin concluded. “If the city chooses to proceed, doing so in a limited form, as I have suggested, would better protect the city from the broad scope of authority granted by this agreement.”
The city council approved the entire agreement without stipulations.
Marco Island has also unanimously approved the 287(g)task force model and Collier County Sheriff's Office already enforces it.
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