The Orlando city attorney has informed city leaders there's nothing they can do through a moratorium or zoning or otherwise to block a U.S. Immigration and Customs Enforcement detention center.
In an email to the mayor and city commissioners, City Attorney Mayanne Downs cited the federal Supremacy Clause, saying ICE is immune from any local regulation that interferes with its mandate.
In a separate statement, Mayor Buddy Dyer said the city has not been informed about the possible ICE plans for a detention center.
Dyer said he has heard concerns from residents about it.
"We encourage residents who are concerned about ICE actions to contact their representatives in Congress as Congress holds the power to oversee, fund and reform these activities," he said.
On Jan. 16, following the leak of an apparent list of potential processing centers -- including a 440,000-square-foot warehouse at 8660 Transport Drive -- reporters with WKMG and WFTV caught up with a senior ICE advisor touring the site.
He told them the immigration agency was looking at the building as a potential ICE location.
The so-called Beachline Logistics Center was built in 2024. It is one of the industrial projects of the TPA Group in Atlanta, described on its website as a large "private real estate investment, acquisition and development firm."
Some Central Florida political leaders have denounced the idea of an ICE facility in Orlando.
Orange County Commissioner Nicole Wilson has been pushing for a local government response to temporarily ban detention facilities, citing the impacts of a detention facility especially on tourism.
The city attorney's letter:
Dear Mayor & Commissioners:
In response to reports that US Immigration and Customs Enforcement (ICE) may be planning to operate a detention center here in Central Florida, within our city limits, Mayor Dyer asked us to research and report about what options the City has to regulate or prevent that plan.
I know all of you have heard from your constituents about forced deportations by ICE, the tragedies of broken families, the fears of those who have lived and worked in our community for many years, and worries about fundamental public safety. You've also heard concerns that ICE agents don't appear to have the training, experience and leadership in law enforcement protocols, de-escalation tactics, and the overall safe policing practices we expect. Some of you have received suggestions of actions we can supposedly take, including declaring or seeking moratoriums, or using our zoning ordinances to outlaw or otherwise stop the use of property within our borders as ICE detention centers, whether directly by ICE or its agents.
However well motivated these suggestions are, the law is very clear: ICE, as an agency of our federal government, ICE is immune from any local regulation that interferes in any way with its federal mandate. This is so because the Federal Supremacy Clause establishes that federal laws are "the supreme Law of the Land," and override – and preempt – any conflicting state or local constitutions, charters, laws or regulations. US Constitution, Art VI, Cl 2. This law is well-settled and was applied in Florida in a case in which the City of Hollywood tried to require the United States Postal Service to comply with local building and zoning regulations in building a new post office. See US Postal Service v. City of Hollywood, 974 F. Supp. 1459, 1465 (SD Fla 1997). In addition to federal law, there are other, state laws that, as you know, limit what actions we can take at the local level about ICE, deportations, and related matters.
In sum, we can take no action to limit or regulate any activity by the federal government in its action to enforce federal immigration law, and that is clear and not debatable under the law of the United States and Florida. We are duty bound to follow the law, even when we don't approve of it. Each and all of us have sworn to uphold and defend the law of this land, you by your oath when you took office, and those of us who are lawyers, by the oath we took when admitted to the bar to practice in the State of Florida.
I am always available to answer any questions, or to assist in any way.
Respectfully,
Mayanne Downs
City Attorney
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