Orange County officials say federal privacy rules limit what jail staff can disclose about ICE detainees; board asks for more public guidance

Orange County officials told the Board of County Commissioners on April 22 that federal privacy rules and the county's agreement with U.S. Immigration and Customs Enforcement (ICE) limit what jail staff can disclose about detainees held on immigration warrants. Corrections and county legal staff said the county is collecting operational data, pursuing higher per-diem reimbursement and planning more public information in multiple languages, while urging caution about what the jail may formally tell callers.

The briefing was led by Deputy County Administrator and Director of Public Safety Danny Banks and Corrections Chief Luis Quinones, with legal context provided by county attorney staff (Scott Chevenell/Chabineau). They said federal regulations, including 8 C.F.R. —6236.6 and exemptions the federal government has invoked under 5 U.S.C. —552(b)(6), restrict disclosure of identifying information about persons held on ICE warrants. County presenters said the county's memorandum of agreement (MOA) with ICE also requires ICE approval for release of MOA-related information.

Why it matters: Commissioners pressed staff for more tools to help families locate detained loved ones and for clear, multilingual "know your rights" materials in the jail. Public commenters and commissioners described fear in immigrant communities, and multiple members of the commission asked that the county develop outreach materials and a clearer public map of what is and is not disclosable.

Key details - Scope and numbers: Chief Quinones told the board that at 6:00 a.m. on the day of the meeting the jail held about 80 inmates with local charges who also had ICE detainers and 36 individuals held solely on ICE detainers; staff said those totals were higher than earlier months and that recent enforcement had brought a large influx in a short period (they reported bringing in 20 detainees the previous day). - Operational limits: Chief Quinones said corrections officers fingerprint all arrestees to establish identity, provide access to phones and tablets, post "know your rights" information in booking and housing units, and maintain internal tracking reports that record arrests and releases. He said warrant-service work by county officers occurs inside the secure jail facility and that officers performing federal warrant duties are covered by the Federal Tort Claims Act for that limited duty-time. - Legal limits: County legal staff explained that federal privacy rules and the county's MOA with ICE constrain what staff may disclose; that the State of Florida recently required counties to sign MOAs to participate in 287(g)-style programs; and that termination of any such agreement is governed by state statute and may require approval from the State Board of Executive Clemency or the cabinet and 90 days' written notice under the MOA. - Reimbursement and costs: Quinones said the county bills a per-diem of $145/day for housing ICE detainees, but the Intergovernmental Service Agreement (IGSA) with ICE reimburses $88/day; the county is pursuing negotiations with ICE to raise the rate and is seeking federal and state reimbursement sources, including a state fund and the federal State Criminal Alien Assistance Program (SCAAP). Staff summarized a current funding gap of roughly $57 per detainee per day under the IGSArate. - Access to assistance: Staff said the ICE website provides links to legal service organizations and that ICE flyers listing legal resources are available; county staff said they planned to post those resources and additional local pro bono and advocacy contacts in multiple languages, on kiosks and in the inmates' tablet system, and near phones in booking.

Board response and next steps Commissioners repeatedly asked for greater clarity and help for detained people and their families: requests included (1) standardized "know your rights" materials in multiple languages and formats; (2) a concise community-facing page explaining what the jail may and may not disclose and how families can contact ICE; (3) ongoing operational data on daily counts of detainees with local charges versus those held only on ICE detainers; and (4) confirmation of who may legally receive data requests. Staff said they would work with the county attorney's office and corrections to produce appropriate materials and to add ICE-related counts to the daily population report while ensuring compliance with federal law.

What the county will not do: Legal staff warned that because immigration detainer matters are federal civil matters, the county cannot appoint counsel for detainees at county expense; county staff also said they would not share identifying records about ICE detainees with the public without ICE approval or a lawful basis. Legal staff also cautioned against county staff giving legal advice; instead the county will post vetted links to pro bono legal resources.

Community reaction: Commissioners and several public speakers said immigrant residents are fearful about enforcement and family separation, and urged the county to move quickly on clear, practical outreach materials and to coordinate with community legal providers.

Tally of formal actions: The board did not take a formal vote to change policy on the MOA or the ICE program during the April 22 session; commissioners discussed possible resolutions and litigation but deferred any formal action pending legal research and additional information from staff.

Ending: County staff and the county attorney's office will work with Corrections to (a) produce public-facing guidance that complies with federal privacy rules, (b) prepare multilingual "know your rights" materials for display and tablets, and (c) add ICE-detainer counts to routine operational reporting back to the commission. The board asked staff to return with recommended language and clarified data elements before any resolution or legal action would be considered.