Jacksonville's OGC advises police to stop enforcing state and local laws criminalizing illegal entry

Yahoo

6 days ago

The City of Jacksonville's Office of General Counsel has advised the Jacksonville Sheriff's Office not to enforce state and local laws that make it a crime to be in the state and county without legal status in the country.
In the new guidance, which was obtained by Action News Jax, city attorneys wrote a federal injunction on the state law 'would equally apply to the city's ordinance' because the city ordinance 'was modeled' after the state law.
'The reason we passed this bill, one of the main reasons, is it's a mandate from the President,' said Council Vice President Kevin Carrico (R-District 4), who sponsored the local immigration bill.
Carrico initially requested OGC weigh in on whether the injections impacted JSO's ability to enforce state and local immigration laws.
He questioned why OGC would advise against enforcing the local ordinance, given it's never been challenged in court.
'It's handcuffing law enforcement and it's going against the will of the state, the Governor, and ultimately the President of the United States,' said Carrico.
>>> STREAM ACTION NEWS JAX LIVE <<<
While there is an active injunction against the state law, Florida's Attorney General James Uthmeier issued a letter to Florida's local law enforcement agencies in April, telling them, 'It is my view that no lawful, legitimate order currently impedes your agencies from continuing to enforce Florida's new illegal entry and reentry laws'.
Mayor Donna Deegan refused to sign the local immigration bill over concerns it may be unconstitutional, and instead let it go into effect without her signature.
'The Mayor's Office is completely separate and has no authority over the Jacksonville Sheriff's Office. The Office of General Counsel represents the entire Consolidated Government and has repeatedly raised concerns that the local ordinance is redundant to the state law that is now blocked by a federal court,' the mayor's office told Action News Jax when asked about the advice issued by OGC. 'This is simply legal guidance offered by the General Counsel to another independent entity to avoid lawsuits being filed against the city.'
But Carrico argued the new guidance reflects OGC doing the bidding of the mayor.
'This is someone who always says we're doing things political and everything is so political. Look in the mirror,' said Carrico. 'This is very political.'
Action News Jax reached out to JSO asking whether the agency plans to stop enforcing the state and local immigration laws as recommended by OGC.
'As a law enforcement agency, the Jacksonville Sheriff's Office will always enforce federal, state, and local laws,' said JSO in a statement.
[DOWNLOAD: Free Action News Jax app for alerts as news breaks]
[SIGN UP: Action News Jax Daily Headlines Newsletter]