Help ICE or lose your job, Florida attorney general tells Broward sheriff

Miami Herald

2 days ago

Last week Broward Sheriff Gregory Tony said his department will not prioritize arresting undocumented immigrants who haven't committed crimes. On Monday, Florida Attorney General James Uthmeier warned the sheriff that could cost him his job.
Uthmeier posted a strongly worded letter Monday morning addressed to Tony on X lambasting remarks the sheriff made during a June 3 Broward County Commission budget workshop meeting, in which he said that there are 'other priorities in this community that I'm focused on, and immigration is not one of them.'
'I don't care what country you're from. If you commit a crime in this county, I'm coming for you,' Tony said during the meeting. 'But what I refuse to do is take this notion that we need to be knocking on doors or arresting children or going into day care centers or restaurants and taking and snatching people off these streets who have been paying taxes and contributing to this society in some positive form regardless of if they are a U.S. citizen or not. It's not within our purview, it's not within our responsibility, and I won't participate in it.'
Tony's June 3 comments appear to put him at odds with President Donald Trump's sweeping crackdown on illegal immigration and Gov. Ron DeSantis' efforts to aid in the president's goals. In February, DeSantis touted that all 67 of the state's sheriffs signed a 'Task Force Model' agreement with ICE that gives deputies some immigration authority under the 287(g) program, including the Broward Sheriff's Office.
'Participation is not optional'
Uthmeier's letter stated that Tony must comply with a Florida Statute that says 'state and local law enforcement agencies and any official responsible for directing or supervising such agency shall use best efforts to support the enforcement of federal immigration law.'
'You are such an official, and therefore must use 'best efforts' to work with federal immigration authorities, including United States Immigration and Customs Enforcement (ICE),' Uthmeier wrote in the letter. 'Your statements to the contrary suggest you misunderstand or intend to flout these requirements under Florida law.'
Penalties for failing to adhere to the law, Uthmeier wrote, include 'declaratory and injunctive relief, being held in contempt, or removal from office by the Governor.' Uthmeier doubled down on the threat against Tony's job Monday afternoon with a video posted on X.
'The choice is simple and participation is not optional. State, county and local officials can support and defend the United States and Florida constitutions and the laws therein,' Uthmeier said in the video. 'Or, we will find someone who will.'
Uthmeier wrote in his letter that he wanted Tony to 'clarify' his remarks. Tony responded with a letter of his own on Monday, reassuring the attorney general that the Broward Sheriff's Office works closely with ICE to arrest undocumented immigrants who have committed crimes and is in compliance with its agreements with the federal agency.
'It is BSO's priority to address criminal activity within our community, including crimes committed by unauthorized aliens, and to work with our federal partners in this endeavor,' Tony wrote. 'BSO is not only enforcing the law against unauthorized aliens who commit crimes in the community; it is a leader in this effort.'
'We're not ICE'
In his letter, Tony told Uthmeier that BSO entered two agreements with ICE in 2019: a 287(g) Warrant Service Office Agreement that authorizes trained deputies to serve ICE warrants to people in jail and a Basic Ordering Agreement to keep federal immigration detainees in the county jail for up to 48 hours to allow ICE to take them into custody. This year, Tony wrote, BSO entered into the 287(g) Task Force Model agreement 'to assist ICE with federal immigration enforcement upon request.'
While Tony's letter seems to try to allay the attorney general's concerns, it does not necessarily contradict the comments he made during the June 3 meeting when a county commissioner asked Tony about BSO's role in arresting undocumented immigrants.
'The patch on our sleeve says Broward County. We're not ICE. We're not immigration,' Tony responded. 'I don't work for the Department of Justice. I don't work for the president of the United States. I work for the people of this community.'
Tony said in the meeting that BSO is in compliance with state law and the 287(g) agreement. However, he said, while other Florida sheriff's have 'increased the availability of manpower to execute some of these responsibilities that fall under immigration,' BSO has not.
Earlier this year Tony told the Sun Sentinel that while BSO does comply with ICE, it does not deploy deputies to find and round up undocumented immigrants who have not committed any crimes. He echoed the same stance during the June 3 meeting.
DeSantis appointed Tony, a Democrat, as Broward sheriff in 2019. He won both his bids to keep his job in the 2020 and 2024 elections. Broward is the only firm Democrat stronghold in South Florida.
In March, Uthmeier sent a similar threatening message to the Fort Myers City Council after it voted against enrolling in the 287(g) program. 'Failure to correct the Council's actions will result in the enforcement of all applicable civil and criminal penalties, including but not limited to being held in contempt, declaratory or injunctive relief, and removal from office by the Governor,' Uthmeier wrote in a letter.
Days later, the city council unanimously reversed its decision.