Florida-ICE Agreement Sparks Fears of Secret Detentions \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ Florida’s cooperation with ICE is raising fears that immigrants could be detained without public records access, despite the state’s transparency laws. Advocates warn that new federal-state agreements could lead to people vanishing into jail systems. Officials say they’re following the law, but critics argue due process is at risk.
Quick Looks
- Florida law mandates local cooperation with federal immigration enforcement under DeSantis.
- ICE agreements designate records as federal, limiting public access under state laws.
- Advocates fear detainees could vanish from public jail rosters without accountability.
- Miami-Dade and Orange County cited for inconsistent ICE detainee transparency.
- Congressman Maxwell Frost introduced a bill requiring full public ICE detention reporting.
- Critics say shifting detainees across states burdens families and disrupts legal support.
- State officials threaten local leaders reluctant to sign ICE cooperation deals.
Deep Look
As Florida deepens its alignment with federal immigration authorities under a law-and-order agenda driven by Governor Ron DeSantis, a new wave of anxiety is growing among immigrant families and civil rights advocates. Their concern? That people could be detained by ICE and held in county jails without any public record, effectively disappearing from view in a state known for some of the most expansive public records laws in the country.
The issue stems from a legal gray area created by new cooperation agreements between local jails and U.S. Immigration and Customs Enforcement (ICE). One clause in these agreements states that all records created under the deal are to be treated as federal records, potentially placing them beyond the reach of Florida’s open records laws. Advocates warn that this could be used to shield the identity and status of detainees—even from their families and legal counsel.
Attorney William Mann of the Community Justice Project summed up the stakes bluntly:
“People would disappear into the Miami-Dade system if they were technically an ICE prisoner.”
During a recent Miami-Dade County Commission meeting, officials insisted they would continue to honor transparency laws and public record requests. However, when the board considered expanding its agreement with ICE, it ultimately deferred a vote, allowing Mayor Daniella Levine Cava to approve the deal independently. She told the public that her hands were tied:
“This is the law of Florida, and it was required that this agreement be signed.”
Under state law, local and county jails are now legally obligated to cooperate fully with federal immigration enforcement. A 2022 law expanded the ban on sanctuary cities and required every county with detention facilities to enter into agreements with ICE, giving local officials authority to detain and process suspected “removable aliens.” A more recent law signed by DeSantis mandates that jail officials must turn over lists of all inmates and their immigration status upon request.
DeSantis has praised the state’s approach as the strongest anti-illegal immigration legislation in the country, asserting that Florida is “ahead of the curve” in addressing border security and federal cooperation.
But advocates and legal experts say this increased cooperation comes at a steep cost to civil liberties and public accountability.
In Orange County, for instance, immigration detainees did not appear in public jail records until last week. That changed only after intense pressure from community groups and Mayor Jerry Demings, who directed jail officials to begin listing individuals on immigration holds.
But that might not solve the problem for families of those transferred between multiple facilities and across states. Ericka Gómez-Tejeda, of the Hope Community Center, noted the emotional and financial toll this takes:
“Each state that you go into, that family then needs to identify an attorney… So it puts an onerous responsibility on the families.”
She cited the case of Esvin Juarez, who was arrested and deported before his family or lawyer even knew where he was being held—a troubling example, she says, of how ICE agreements can undermine due process and bypass transparency.
ICE insists it provides detainees with due process and allows them to communicate with attorneys and family. Spokesperson Tricia McLaughlin told the Associated Press that any claims to the contrary are “false” and that the ICE detainee locator remains the best tool to find someone in custody.
Still, legal observers note that ICE ultimately decides what information gets released, even if local jails operate under public record laws. That level of discretion, critics argue, could effectively hide individuals from legal access and public scrutiny.
Seeking a solution, U.S. Rep. Maxwell Frost (D-FL) introduced legislation this month that would require all ICE detention facilities to publicly report who is being held, where, when, and why. The bill aims to prevent unlawful detentions and protect immigrant rights, even as Trump-aligned states push further into aggressive enforcement.
“If they’re proud of it, they’ll report it. If they’re ashamed, they need to end it,” said Frost.
As Florida and other states move deeper into federal cooperation on immigration enforcement, the battle over transparency, accountability, and civil liberties is only intensifying. For families of detained immigrants, the fear isn’t just deportation—it’s disappearing into the system without a trace.
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