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‘This is not discretionary’: Florida AG issues warning as Jacksonville Mayor weighs immigration bill

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JACKSONVILLE, Fla. — Florida Attorney General James Uthmeier put local officials on notice Thursday, warning they could face penalties if they stand in the way of law enforcement’s ability to cooperate with federal immigration enforcement efforts.

“Everybody in local government should be on notice this is not discretionary,” Uthmeier said during a news conference in St. Johns County.

That message came in response to Action News Jax’s question about Mayor Donna Deegan’s pending decision on a local immigration bill.

Related: Florida Gov. praises Jacksonville immigration bill passage, mayor said she will not rush signing it

The Attorney General already leveraged those threats against city leaders in Fort Myers.

It resulted in them reversing course after initially rejecting a proposed agreement between the city’s police department and ICE.

“Cities should be doing everything possible with the resources they have to help the federal government execute federal immigration laws,” said Uthmeier.

Deegan has raised questions about the Jacksonville bill, which would give JSO $76,000 to purchase fingerprint scanners to help determine suspects’ immigration status and create new local penalties for being in Duval County without legal status in the country.

It also mandates city agencies to assist federal immigration officials.

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When asked about the Attorney General’s comments, the mayor told Action News Jax she’s still waiting for guidance from the city’s General Counsel on whether the bill could expose the city to lawsuits.

“At the end of the day, I completely support the sheriff getting what he needs. So, I want to just take a look at, you know, all the unintended consequences that could happen from this bill before I make a final decision on it. So, I’m just not there yet,” said Deegan.

City Councilmember Rory Diamond (R-District 13) sent an email to General Counsel Michael Fackler Thursday after hearing the Attorney General’s comments.

He requested binding opinions to clear up whether the mayor signing or vetoing the bill would violate state or federal law, writing, “This matter is one of great urgency”.

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While it’s not entirely clear whether a veto would put the mayor in the Attorney General’s crosshairs, if it does, the stakes could be incredibly high.

“If you’re going to take action to prevent law enforcement from executing the law, you are going to be subject to penalties, civil action and possibly suspension,” said Uthmeier.

Mayor Deegan has until the next city council meeting to either sign the bill, let it become law without her signature, or veto it.

That meeting is set for April 8th at 5 PM.

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