MIAMI — As Florida law enforcement joins forces with federal immigration authorities, concerns grow among families and immigrant advocates over the potential lack of transparency regarding detainees’ whereabouts within county jail systems. Despite Florida’s broad public record laws, some worry that individuals might effectively vanish from public view as a result of these collaborations.
During a recent Miami-Dade commission meeting, officials reaffirmed their commitment to maintaining transparency and obeying state regulations related to the release of inmate information. However, a section of the county’s agreement with U.S. Immigration and Customs Enforcement (ICE) categorizes all records and information created under this agreement as federal, which might grant ICE the power to decide what information is publicly accessible, including the confirmation of someone’s custody status.
“This scenario could pose a significant issue,” argued William Mann, an attorney at the Community Justice Project. Mann expressed concerns that county officials might utilize the stipulations of the agreement to block access to information for families, advocates, and journalists, potentially leading to individuals disappearing into the Miami-Dade system as ICE detainees.
Tricia McLaughlin, ICE’s assistant secretary, clarified via email that all detainees are guaranteed due process and ample opportunities to communicate with attorneys and family members. She recommended the ICE detainee locator as the most straightforward tool to track custody status.
Florida, under Republican Governor Ron DeSantis, has adopted a more assertive stance concerning federal immigration enforcement, aligning with directives that have intensified following Donald Trump’s return to the presidential office in January. Legislation from 2022 expanded restrictions against sanctuary policies and mandated agencies managing county detention centers to collaborate with ICE, enabling local officers to identify and process deportable individuals in their facilities.
Another recent law requires officials overseeing local or state law enforcement entities to exert their utmost efforts to aid federal immigration initiatives. Additionally, when requested by a federal body, county jails must disclose detailed inmate lists and information about each detainee’s immigration status.
Earlier this year, DeSantis declared, “The Florida Legislature has enacted the toughest anti-illegal immigration law in the nation. We are leading in resolving the illegal immigration crisis.”
Miami-Dade officials initially resisting ICE cooperation agreements faced threats of removal from office by the state attorney general. During the latest commission meeting, the board decided to defer voting on new agreements, delegating authority to Mayor Daniella Levine Cava to finalize the deal.
Levine Cava emphasized that compliance was mandatory due to state law and that public records under county jurisdiction would remain available. Although Miami-Dade officials pledged transparency, there had been issues in Orange County with federal inmates on immigration holds not being listed in jail records until very recently.
Ericka Gómez-Tejeda from Hope Community Center highlighted this issue, indicating that federal records deemed outside the scope of state open records laws can lead to immigrants disappearing from view. She cited the case of Esvin Juarez, who was deported without his family or lawyer knowing his detention location, illustrating the systemic difficulty in tracking detainee locations as an intentioned approach that undermines due process.
Orange County Mayor Jerry Demings recently instructed the jail to publish details on ICE detainees, but Gómez-Tejeda suggested this solution might be limited, particularly when multiple detention transfers occur across different states. “Families face tremendous burdens as they must locate attorneys in various states to handle representation and paperwork,” she noted.
In response to these challenges, U.S. Representative Maxwell Frost, representing the Orlando area as a Democrat, introduced new legislation aiming to curb unlawful detention and detainee mistreatment. The bill mandates ICE facilities to report detailed detainee information, including location and reasons for detention.
“This legislation isn’t a complete solution,” Rep. Frost explained. “But if Trump’s administration stands behind these policies, it should publicly disclose their activities. If they are justifiable, there’s no reason to hide them; if not, they should cease immediately.”