{"id":364,"date":"2026-05-11T16:37:16","date_gmt":"2026-05-11T16:37:16","guid":{"rendered":"https:\/\/orlandorelocationreport.com\/?p=364"},"modified":"2026-05-11T16:37:16","modified_gmt":"2026-05-11T16:37:16","slug":"a-secret-ice-directive-is-testing-one-of-floridas-strongest-traditions-open-government","status":"publish","type":"post","link":"https:\/\/orlandorelocationreport.com\/?p=364","title":{"rendered":"A secret ICE directive is testing one of Florida\u2019s strongest traditions: open government"},"content":{"rendered":"<div>\n<div>\n<p>A new directive from U.S. Immigration and Customs Enforcement, issued in secrecy, bars local law enforcement agencies across Florida from answering questions about their role in immigration enforcement, raising concerns about transparency and whether public records are being lawfully observed.<\/p>\n<p>Read more <a href=\"https:\/\/orlandorelocationreport.com\/?p=362\">SeaWorld parent company says attendance down in 1st quarter<\/a><\/p>\n<p>The protocol, which federal sources say is rolling out across the country, deals with ICE\u2019s 287(g) program, which authorizes specially certified local law officers to carry out certain federal immigration enforcement functions. The program has rapidly expanded, with some departments implementing as much as an eightfold increase in the number of officers authorized under the program, according to an investigation by the newsletter Two Can Be True.<\/p>\n<p>The directive, emailed to hundreds of participating Florida and Texas agencies between April 19 and May 5, says that \u201cinformation obtained or developed\u201d through the arrangement \u2014 including any document created by local law enforcement \u2014 is \u201cunder the control of ICE\u201d and cannot be released without federal approval.<\/p>\n<p>ICE refused various requests to comment for this story.<\/p>\n<p>That secrecy arguably applies to the written directive itself, which was initially obtained only on background from several Florida police departments for fear of retaliation from federal authorities.<\/p>\n<p>The directive runs counter to Florida\u2019s long tradition that records are assumed to be public unless specifically shielded, although legislatures have carved a slew of exclusions into that law over the years. It also exacerbates uncertainty for residents vulnerable to ICE enforcement.<\/p>\n<p>But it is in keeping with the practices of ICE and its parent, the Department of Homeland Security, whose opacity has extended to hiding the names and status of agents who have shot and killed demonstrators who appeared to pose little threat.<\/p>\n<p>For \u201cCarla,\u201d an undocumented South Floridian who is hungry for information about enforcement activity in her community, the shroud of secrecy creates a heightened sense of unease.<\/p>\n<div>\n<\/div>\n<p>\u201cIt makes me feel more invisible. More vulnerable, like I could just slip through the cracks and nobody would ever know,\u201d she said in Spanish.<\/p>\n<p>John Sandweg, a former director of ICE, said the free flow of information is essential.<\/p>\n<p>\u201cThe public has a right to know who\u2019s being arrested, how they\u2019re being arrested, how many people are being arrested \u2026 what kind of criminality, what kind of offenses,\u201d he said. \u201cYou can\u2019t deprive the public of that opportunity to make their own judgment by hiding data or restricting access to data.\u201d<\/p>\n<p>But the current administration in Washington has exerted control over what was once a local matter.<\/p>\n<div>\n<\/div>\n<p>\u201cIf your agency receives FOIA requests, [S]unshine [L]aw requests, or other similar requests \u2026 you should immediately consult with the ICE FOIA office \u2026 or your local Field Office Director,\u201d the ICE memo states. \u201cPlease keep it in mind particularly in situations when information sharing might otherwise take place, such as press conferences, press releases, media ride alongs, social media postings, and in response to FOIA requests.\u201d<\/p>\n<p>In practice, the memo could prevent agencies from answering even basic questions about their immigration-related operations.<\/p>\n<p>Katie Blankenship, an immigration attorney and co-founder of Sanctuary of the South, which provides legal services to immigrants navigating detention and deportation in the region, said limiting access to information only deepens the fear of those she represents.<\/p>\n<p>\u201cThis is as unconstitutional as it gets, and the bottleneck of information and lack of transparency only allow these unconstitutional acts to proliferate,\u201d Blankenship said, asserting that \u201cofficers are acting with impunity, stopping and unlawfully detaining individuals without probable cause or due process.\u201d<\/p>\n<p>\u201cThe result: families ripped apart, human beings suffering and dying in ICE detention, economic instability, and communities living in fear,\u201d she added. She said her firm has clients who were picked up by Florida law enforcement \u201cwithout due process, never charged, and with no paper trail, but were taken to jail and held for ICE to pick up.\u201d<\/p>\n<p>Multiple law enforcement agencies across South Florida confirmed receiving the memo, but would not provide it to a reporter pending clearance from ICE. Federal officials have not publicly announced the directive. ICE did not respond to multiple requests for comment.<\/p>\n<p>Before the directive was issued, local departments could provide straightforward information about their participation in the ICE program \u2014 including fulfilling basic requests such as how many officers had been federally certified to conduct immigration enforcement.<\/p>\n<p>Now, agencies must weigh whether to adhere to federal dictates or comply with state transparency rules, with some directing records custodians and media spokespersons to acknowledge public records requests but not fulfill them unless ICE grants approval, records show.<\/p>\n<p>In one case, legal guidance by the city attorney of Sweetwater \u2014 a tiny municipality in South Florida \u2014 directs staff to avoid discussing 287(g)-related information publicly, including on social media and at news conferences, without prior clearance from ICE, citing a provision of Florida law as support for that approach.<\/p>\n<p>\u201cWe have some cover\u2026Call me when in doubt,\u201d the attorney, Ralph Ventura, wrote.<\/p>\n<p>But that Florida statute, Chapter 119.071(2)(b), applies specifically to certain types of criminal intelligence or investigative information \u2014 a narrower category than the broad range of data covered under the 287(g) program, which can include civil immigration enforcement actions such as routine encounters \u2014 traffic stops, car accidents, responses to noise complaints, or even when someone is reporting a crime as a victim, experts say.<\/p>\n<p>Adam Marshall, director of national litigation at the Reporters Committee for Freedom of the Press, emphasized that federal agencies cannot override state public records laws.<\/p>\n<p>\u201cThe general rule is that state entities cannot contract out of their obligations under state public records laws,\u201d he said. \u201cIf a state entity is refusing to respond to a records request simply by citing a DHS policy, I do not think that that is going to pass legal muster.\u201d<\/p>\n<p>Marshall noted that the problem becomes more acute when that consultation with ICE results in denial or extreme wait times. He said even if departments believe they are complying with federal rules, the legal and financial consequences fall on the local agency, and, by extension, local taxpayers who could have to pay attorney and legal costs if the result is litigation over records.<\/p>\n<p>\u201cGovernment transparency laws exist to remove discretion from officials about what is public and what is not,\u201d Marshall said. \u201cAnything that tries to upset that is outrageous.\u201d<\/p>\n<p>The guidance spreading across the region reflects a broader shift already taking hold across the state.<\/p>\n<p>The directive was circulated to police departments and sheriff\u2019s offices a few days after Two Can Be True pressed the Miami-Dade Sheriff\u2019s Office \u2014 one of the largest law enforcement agencies in the United States \u2014 to explain why it had taken more than a month to provide updated figures on how many of its officers had been deputized by U.S. Immigration and Customs Enforcement.<\/p>\n<p>When the department, following the new policy, attempted to seek clearance from ICE, federal officials indicated ICE would not respond, citing limited funding during the partial government shutdown, according to a source at Homeland Security.<\/p>\n<p>\u201cThis is a prime example of ICE-ification of local records. The reasons ICE cited for the silence is absurd: If ICE has the resources to continue implementing its 287(g) program, it has the resources to provide the public with information about it,\u201d said Lauren Harper, who advocates for government transparency with the Freedom of the Press Foundation.<\/p>\n<p>Given a recent federal spending boost provided by the One Big, Beautiful Bill Act, the agency\u2019s lack of transparency reflects a \u201cdeliberate policy decision, not a resource constraint,\u201d Harper said.<\/p>\n<p>Read more <a href=\"https:\/\/orlandorelocationreport.com\/?p=361\">SeaWorld parent company says attendance down in 1st quarter<\/a><\/p>\n<p>\u201cThe fact the [ICE partnership] program is inherently tied to local communities and local policing, and ICE is giving local law enforcement a gag order, is a slap in the face of taxpayers and the public at large,\u201d she added.<\/p>\n<p>Two Can Be True notified both the Miami-Dade Sheriff\u2019s Office and ICE on April 22 that a story would be published about the new policy blocking access to basic information about immigration enforcement, along with its response citing a lack of funding.<\/p>\n<p>The next day, ICE authorized the release of the information, and the sheriff\u2019s office provided some of the requested figures, but not all the requested documents and information. The reversal highlights how access to information can hinge on federal approval rather than a standard public records process.<\/p>\n<p>Sandweg, who served as acting ICE director in 2013 and 2014, reviewed the memo sent to Florida law enforcement agencies. He described it as \u201cunusual,\u201d questioning both its scope and justification.<\/p>\n<p>\u201cI can\u2019t think of any operational reason why the department would assert control over any data,\u201d he said. \u201cThere are no law enforcement safety reasons or operational security reasons why you would need to keep that data confidential.\u201d<\/p>\n<p>Access to information about how the ICE partnership program operates is narrowing even as the program\u2019s footprint continues to grow nationwide, with more than 1,744 agreements between ICE and local law enforcement agencies, according to ICE data from early May.<\/p>\n<p>The numbers are fluid, but as of May 5, Florida alone accounted for 345 of those agreements, behind only Texas, with 376. The scale makes any shift in how information is controlled far-reaching.<\/p>\n<p>In some departments, that growth has been dramatic.<\/p>\n<p>Though ICE will not disclose how many immigration-certified officers each department has, the Miami-Dade Sheriff\u2019s Office increased its number of certified officers from about 100 to 971 in under four months.<\/p>\n<p>The surge in participation, which can come with money for detention, is not just about scale, it seeks to reshape how immigration enforcement is carried out in everyday policing.<\/p>\n<p>In November, the Miami-Dade Sheriff\u2019s Office quietly added a 12-page policy to its standard operating procedures, embedding immigration enforcement into routine policing.<\/p>\n<p>Under the policy, deputies who develop \u201creasonable suspicion\u201d that someone is undocumented can run immigration checks through federal databases. If the person is flagged, a designated immigration officer must be contacted, and once an administrative warrant is confirmed with ICE, deputies may carry out a civil immigration arrest \u2014 even if no criminal charges are filed.<\/p>\n<p>The policy also introduces a new processing step: Individuals taken into custody are brought to police headquarters for an immigration status check before being transported to jail, where federal authorities may be contacted.<\/p>\n<p>These changes have produced growing fear in immigrant communities, advocates say.<\/p>\n<p>Attorneys and advocates say more undocumented parents are drafting wills and guardianship papers, preparing for the possibility that they could be detained, deported or die during enforcement.<\/p>\n<p>At least 29 people have died nationally in ICE custody since October, marking the highest number of deaths in a single fiscal year since recordkeeping began, according to government data.<\/p>\n<p>The consequences are already being felt beyond the policy itself \u2014 including in the cost of accessing public records.<\/p>\n<p>A public records request by Two Can Be True seeking information about the increase in immigration-certified officers was met with a $48,394 estimate from the Miami-Dade Sheriff\u2019s Office \u2014 effectively blocking access altogether. The department ignored messages aimed at narrowing the request, and then closed the records request.<\/p>\n<p>Under Florida law, local agencies are generally required to produce records in their possession unless a specific exemption applies.<\/p>\n<p>But the directive places federal authorities between the public and those records when local agencies are acting under federal authority, Sandweg, the former ICE chief, said.<\/p>\n<p>He added: \u201cGeneralized restrictions of data can increase the risk of wrongdoing. So yes, transparency is an important tool toward combating misconduct,\u201d he said. \u201cIt creates a conflict; these agencies are operating under state public information laws.\u201d<\/p>\n<p>For Carla, the South American immigrant woman in her 40s living in South Florida, the news is not abstract.<\/p>\n<p>She follows it daily, including investigations into immigration enforcement that can lead to children being separated from parents.<\/p>\n<p>Some of her friends have been deported after what started as routine traffic stops. The idea that those moments \u2014 and the rules that govern them \u2014 could become harder to scrutinize only deepens her own fear, she said.<\/p>\n<p>The woman\u2019s true name and other identifying characteristics are being withheld out of fear that she could be detained.<\/p>\n<p>Carla grew up in Venezuela, where she said the media could not be trusted \u2014 where information was controlled, and accountability was limited.<\/p>\n<p>\u201cIn the U.S., the media is here to protect us,\u201d she said. \u201cThere are laws that are supposed to protect that freedom. That\u2019s what makes people like me feel safe.\u201d<\/p>\n<p>Without that, she said, the uncertainty becomes overwhelming: \u201cIt\u2019s hard not to spiral.\u201d<\/p>\n<p><em>This story was originally published as a partnership between The Florida Trib and Two Can Be True.\u00a0<\/em><\/p>\n<p>Read more <a href=\"https:\/\/orlandorelocationreport.com\/?p=359\">Some of Florida\u2019s biggest lottery winners are store owners, clerks who sell the tickets<\/a><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>A new ICE directive bars local law enforcement agencies in Florida from discussing their role in immigration enforcement, raising concerns if public records are being lawfully observed.<\/p>\n","protected":false},"author":1,"featured_media":363,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[17,13],"tags":[],"class_list":["post-364","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-florida-news","category-news"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - 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