The Fight

Orange County, Florida terminated its Intergovernmental Service Agreement with ICE in April 2026 — but the exit is partial. Florida’s SB 168-era statute still requires local law enforcement to make “best efforts” to cooperate with federal immigration enforcement, creating a legal gray zone the county is now navigating through a new Basic Ordering Agreement with reduced terms.

Background: The Costs of Cooperation

Orange County’s IGSA cost the county approximately $1.4 million per year. The reimbursement rate from ICE was $88 per day per detainee — against an actual cost of roughly $180 per day. The county was effectively subsidizing federal detention at a loss.

A Florida teenager held without charges at Orange County Jail drew national media attention in early 2026, heightening scrutiny of the county’s role in immigration detention.

The Commission Votes

• March 11, 2026: The Orange County Commission voted against a proposal for warehouse-style ICE detention expansion at county facilities.
• April 21, 2026: The Commission voted to exit the IGSA and remove ICE as a named party to the agreement.

The exit does not end the county’s legal exposure. Florida statute requires law enforcement to use “best efforts” to support federal immigration enforcement — a standard that has never been defined by courts.

Under a new Basic Ordering Agreement, the county has capped holds of non-criminal detainees at 48 hours.

The State Law Constraint

Mayor Jerry Demings has stated he is not ruling out a lawsuit against the state to force judicial clarification of what “best efforts” actually requires. The tension between local reluctance and state mandate makes Orange County a test case for how Florida counties can practically limit their exposure to federal immigration enforcement without triggering state enforcement action under SB 168.

Timeline

• 2026-03-11: Commission votes against warehouse-style ICE detention expansion
• 2026-04-21: Commission votes to exit IGSA; ICE removed as named party
• 2026-04-21: New Basic Ordering Agreement enacted, capping non-criminal holds at 48 hours
• Ongoing: Mayor Demings exploring potential state lawsuit to define “best efforts” standard

Key Actors

• Mayor Jerry Demings — Orange County Mayor; leading policy response, not ruling out state lawsuit
• Orange County Commission — Voted to exit IGSA April 21, 2026
• ICE — Removed as named party under new Basic Ordering Agreement

Sources

• CF Public: Orange County chips ICE out of federal agreement, still must accept detainees (April 21, 2026)
• CF Public: Orange County Commission to vote on resolution against possible ICE detention center (March 9, 2026)