‘We still, as a rule, don’t ask about immigration status’: City responds to demands to rescind General Order regarding ‘suspected unauthorized aliens’

Members of the public speak to the Gainesville City Commission on Sept. 17

BY JENNIFER CABRERA

GAINESVILLE, Fla. – At a September 17 meeting, 19 people asked the Gainesville City Commission to rescind General Order 82.4, which requires officers to report contact with “suspected unauthorized aliens” to FDLE, and they were told that the rule is required by FDLE, but GPD will not be asking victims and witnesses for their immigration status.

During the General Public Comment period in the afternoon session, 19 people spoke about General Order 82.4, which was announced on August 27. The order requires an officer to complete an FDLE form (Suspected Unauthorized Alien Contact Form), upload a photo of the individual, and email the form to a GPD address by the end of the shift on the day of contact with a suspected unauthorized alien. The order also states that personal characteristics such as limited English proficiency are not sufficient to warrant an investigation, but if that person runs, for example, that “may contribute to reasonable suspicion.” Officers are permitted to conduct a consensual encounter to obtain additional information, whether or not there is reasonable suspicion that the person is in the country illegally.

The speakers characterized the order as a “Show me your papers” policy that is despotic, fascist, and part of a “racist terror campaign.”

“These are not optional”

After public comment, Interim City Manager Andrew Persons said, “Back in 2025, the state implemented some new statutory and administrative requirements… Rules were approved last year… that require daily and monthly reporting from local, county, and state agencies… These are not optional. That’s important. These are state-mandated obligations that all sworn personnel have to follow.” He said those requirements are not in Florida Statutes; they are in the Florida Administrative Code, Rules 11Q-2.002 and 11Q-2.006. He said GPD has not signed a 287(g) agreement, but “we do have to report now. Generally, our numbers have been zero or very, very low.”

However, the rules he cited are still in the rule-making process. The requirement to submit the forms is currently governed by an emergency rule, 11QER26-2.

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“We still, as a rule, don’t ask about immigration status”

Persons continued, “We still, as a rule, don’t ask about immigration status… The policy is there to help provide guidelines and guardrails to implementing this mandatory requirement from the state.”

GPD Assistant Chief Efrain Torres said, “I think the concern here is that we’re going to go out into the community, and based on reasonable suspicion, we’re going to ask people their immigration status because we think they have a last name that’s Hispanic or they look Hispanic. I can assure you that is not the case.”

Torrew said that if an officer goes to a victim’s house to take a report, they’re not going to ask the victim about their immigration status: “That is definitely not something that we’re doing… We purposely did not sign that 287(g) because we understand that that is something that the community doesn’t want and because it was voluntary.”

GPD Major Jaime Kurnick said there have been only two reports since the policy was implemented, and she emphasized that they did not arise from proactive police work — one was from a traffic stop, and the other was a traffic crash. 

Commissioner James Ingle said he wanted to set a date for “a very deep briefing” on the FDLE rules and the administrative code: “If there is any way to change this and make sure that people are being treated the way they should be, I think that is of paramount importance.”

Mayor Harvey Ward said, “I’m going to remind everyone that what comes out of Tallahassee is changeable in a couple of months.”

Torres also said that GPD uses the U visa program extensively: “If we have a victim of a crime, for example, that’s undocumented, the Chief can sign a U visa that authorizes that person to stay in the United States while the case is actively being investigated, and so it helps them get services that would otherwise not be available to people who are not U.S. citizens.” He said the program is used so victims “do not feel that they can’t come forward or cooperate with us.”

Commissioner Casey Willits said the order arose from “a very unclear policy sent down by an administrative board that is appointed.” He said the rule is “conveniently grayed-out” on the Florida Rules website (see the links above to the rules).

City Attorney Daniel Nee said the policy has been reviewed by GPD’s legal advisor. He added, “The reporting requirement is real; it’s not a choice by the City of Gainesville, and… that seems to be the heart of what you’re discussing here.”

Commissioners then moved on to the next topic.

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