Orange County accepts higher U.S. Marshals rate but moves ICE detentions to BOA after hours of public protest

The Orange County Board of County Commissioners voted unanimously April 21 to accept revised U.S. Marshals Service reimbursement terms for its intergovernmental services agreement (IGSA) while removing the agreement's ICE detention component and transitioning ICE detainees to a Basic Ordering Agreement (BOA).

The board's action follows a multi-hour presentation by county staff and attorneys and a sustained public comment period in which roughly 65 people pressed commissioners to end the county's role in ICE detention. County negotiators said the U.S. Marshals Service offered a new per-diem reimbursement of $125 per inmate, up from the current $88; county corrections officials estimate the true local cost of incarcerating a federal inmate at about $180.09 per day.

Why the vote: Staff framed the approved measure as a middle path that preserves the county's ability to house federal criminal inmates for agencies such as the FBI and DEA under the IGSA at the improved $125 rate while moving the ICE-only housing to the BOA framework required by state law. County Director Danny Banks said the split would allow the county to continue supporting federal criminal caseloads and to limit the county's exposure for large numbers of ICE-only bookings.

Chief Quinones, who presented the corrections department's cost and occupancy figures, told commissioners the county had been reimbursed $4.12 million under the IGSA in 2025 and that the $125 offer would have increased that figure by roughly $1.73 million based on last year's statistics. Quinones also described operational changes after a mayoral directive earlier this year: the county reported sharp reductions in ICE-only detainees, and the daily ICE population fell well below previously stated caps.

Legal context: County Attorney Scott Shevano briefed the board on Florida law, noting that while federal statute does not require counties to host federal inmates, state law (Section 908.106, Florida Statutes) does require counties to maintain an agreement to house ICE detainees. Shevano explained differences between the IGSA and the BOA: the BOA is structured for short-term, up-to-48-hour housing with a fixed $50 base payment for a 48-hour order (and potential state grant supplements), while the IGSA covers longer federal custody and pays a per-diem that can track actual days detained. Shevano warned that ending the IGSA without a replacement could trigger state enforcement and that any transition should preserve continuity of compliance with state law.

Public testimony: Dozens of speakers, including clergy, union representatives and immigrant-rights groups, urged the board to end county participation in ICE detention. The Immigrants Are Welcome Here coalition and many individual residents cited alleged instances of detainees held beyond 72 hours, court findings about unlawful holds, and the fiscal burden on local taxpayers. Dr. Nancy Wagner said, "The ICE IGSA is not about getting criminals off the street. Only 5 percent of those detained have criminal records," and she urged termination of the ICE portion of the IGSA. Former state senator Victor Torres told the board the county has spent "millions of taxpayer funds" on detentions and asked the board to "stop this abuse."

What the board approved: The motion (moved by Commissioner Scott and seconded on the floor) authorized the county to accept the Marshals Service's $125-per-day IGSA terms for federal inmates while terminating the IGSA's ICE detention participation and entering a BOA with ICE. The board also instructed staff and the county attorney's office to continue negotiations and legal reviews, including exploring the state's statutory obligations and possible remedies.

Practical effects and timeline: Under the BOA framework county officials said they would work to enforce BOA terms, which are nominally structured around 48-hour detention periods and a separate state grant that can supplement BOA payments (the state supplement is not guaranteed long-term). Staff noted that, under state law, any gap in a compliant agreement could prompt state enforcement; county attorneys said any termination of an IGSA requires appropriate notice (the IGSA termination clause calls for 50 days' notice) and that the county must maintain continuous legal compliance during transitions.

Next steps: Staff and the county attorney will refine the transition plan and report back to the board about implementation details, legal risks and how the BOA will be administered locally. Commissioners said they expect continued public scrutiny and directed staff to provide regular updates. The board's vote was unanimous.

Ending note: The board's choice leaves intact the county's role in housing federal criminal inmates while creating a different legal and operational framework for ICE-only detainees. Officials emphasized the decision is one step in a continuing process that will require additional negotiation, monitoring and, possibly, litigation.

Speakers quoted (selected): "The ICE IGSA is not about getting criminals off the street. Only 5 percent of those detained have criminal records," said Dr. Nancy Wagner during public comment. "Under our current IGSA we estimated reimbursing $4.12 million in 2025; the new $125/day rate would have added roughly $1.73 million," Chief Quinones told the board. "We will continue negotiations and legal review," Director Danny Banks said after the vote.

Ending: The county will immediately begin work on the administrative steps needed to implement the split IGSA/BOA approach and will return to the board with more implementation and legal detail.