James Uthmeier calls Fort Myers ‘sanctuary city,’ warns City Council risks removal

Attorney General James Uthmeier says Fort Myers made itself a sanctuary city by rejecting an agreement with Immigration and Customs Enforcement (ICE). In a letter to city leaders, he said the Council now risks suspension from office.

“Sanctuary policies are not tolerated or lawful in Florida,” Uthmeier wrote in a letter to Fort Myers City Council members. “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.”

The missive from the state’s top legal officer came a day after the City Council split 3-3 on approving a 287(g) agreement with ICE. Such agreements grant local law enforcement the authority to perform specific immigration officer functions under federal direction and oversight.

The city negotiated a deal with the federal agency after Gov. Ron DeSantis signed legislation requiring state law enforcement coordinate with the federal government on implementing immigration laws.

Uthmeier’s letter also alludes to a ban on sanctuary cities signed by DeSantis during his first year in office. Critics at the time noted Florida had no sanctuary cities when the state banned them. But Uthmeier said if Fort Myers refuses to comply with requirements to cooperate with ICE, that would make the municipality fall within the parameters outlined in state law.

“Prohibiting city police officers from receiving the necessary federal training to adequately enforce U.S. immigration laws not only prevents city police from enforcing current federal immigration law but effectively prevents the city police department from participating in federal immigration operations.”

Uthmeier’s letter came hours after U.S. Rep. Byron Donalds, a Republican representing Fort Myers in Congress, publicly called for the removal of Fort Myers City Council members who struck down the agreement.

Lee County Commissioner Cecil Pendergrass, a Republican, also said City Council members were violating the law and risking suspension. He sent an email on Tuesday to the Lee County Sheriff’s Office and the Lee County Port Authority calling for those agencies to ensure immigration laws were being enforced by local authorities even if Fort Myers would not comply with the law.

“The county has been doing it,” Pendergrass said. His email, he said, was to let county law enforcement know the Lee County Commission “support 100%” that policy throughout Lee County.

“LCSO does have countywide authority and will utilize it,” Pendergrass said. “Any inmate coming into jail from any agency will be processed under the federal guidelines.”

Fort Myers Mayor Kevin Anderson, who voted for the agreement, said he had seen the letter.

“I am in receipt of the AG’s letter and am working with City Manager and City Attorney to correct the matter,” Anderson told Florida Politics. “While I do not want to see the removal I would have no choice to support the decision if so made.”