ICE officers make an arrest during targeted enforcement operations in Vero Beach, Florida, via U.S. Immigration and Customs Enforcement
Orlando city leaders cannot legally block an ICE detention facility from opening in the city, the Orlando city attorney’s office has concluded, according to a report by Channel 6. The opinion was released to Mayor Buddy Dyer on Monday, January 26, in response to resident concerns after reports that U.S. Immigration and Customs Enforcement (ICE) officials toured a local warehouse as a potential site for a detention facility.
In a legal memo, the city attorney’s office cited the U.S. Constitution’s Supremacy Clause, which establishes that federal law and actions by federal agencies generally take precedence over local ordinances and zoning rules. Based on that interpretation, city attorneys said Orlando lacks the authority under its current legal framework to prevent ICE from opening a detention center if the Department of Homeland Security chooses to proceed. Which is something the mayor neglected to share at today’s City Council meeting, when a resident took to the podium to share his concerns about ICE operating out of Orlando, choosing simply to say “We’re monitoring the situation, but there has been no official contact.”
Mayor Dyer’s office confirmed the letter’s existence with OBJ but noted the city has not received any formal notice from ICE about plans for a detention facility, saying the opinion was sought amid increasing public attention after federal officials, including a senior ICE advisor, were seen touring the Transport Drive warehouse earlier this month. The potential facility would be the first in Central Florida if it moves forward.
Read the Orlando Business Journal‘s story for the fll report.
