ORANGE COUNTY, Fla. – One day after Orange County ratified a controversial addendum authorizing the transport of immigrants to ICE-approved facilities, one of the two commissioners who voted against it explained her decision and what she hopes the county will do next.
Facing potential removal from office, Orange County commissioners approved the changes in a 5 to 2 vote.
[WATCH BELOW: Orange County Commission OKs ICE addendum on transporting migrants]
Despite feeling backed into a corner, District 1 Commissioner Kelly Martinez Semrad said she could not vote yes in good conscience due to public safety concerns related to transporting immigrants to facilities like “Alligator Alcatraz.”
“I gave grace to all of the board members and the mayor because everybody was in an impossible situation of, do you vote according to what your community and your constituents are telling you to vote, or do you ratify the vote because you’re being forced to vote that way so that you can stay in the seat and try to advocate, continue to advocate on different measures, different means for the people,” Semrad said. “It was an impossible situation to be in and, quite frankly, one that you’re kind of, you’re damned if you do and you’re damned if you don’t.”
Semrad said she felt obligated to vote no out of her sworn duty to Orange County residents.
“So, yesterday’s vote for me was not so much about immigration and ICE. Yesterday’s vote for me was about fiduciary responsibility and public safety. To have our public jail not be appropriately staffed to oversee the people who are in the jail. Gives reason of concern,” she explained. “But then additionally, to learn that on every single person that’s in the jail on an ICE detainer, there’s a $57 deficit per person per day, and we’ve not yet been reimbursed.”
Leaving an already understaffed Orange County Jail with fewer staff is something she did not want to agree to.
“I’ve never voted for a sanctuary county. Sanctuary counties and cities are illegal in the state of Florida. The county has never violated our immigration agreement. Ever,” Semrad said. “What my vote was based on is that, should Orange County corrections officers be required to transport ICE detainees to an ICE facility when they’re already doing mandatory overtime, and the jail is operating at a 25% vacancy? And what impact does that have on our public safety?”
[WATCH BELOW: Orange County mayor signs ICE addendum despite clash with attorney general]
Mayor Jerry Demings said it is unlikely the county will ever have to transport ICE detainees.
“There’s only a remote possibility that Orange County will ever transport any of the ICE detainees anywhere. That has not happened to date. It’s unlikely that it ever will, because of some of the public safety concerns that you heard about today,” Demings said after Tuesday’s vote to ratify the addendum.
However, Semrad is not sure that is the case.
“My concern is based on when you have a state government that tells you, ‘you can vote yes, you can vote no, you can vote to abstain. But if you don’t vote the way I tell you to vote, you can be removed from office.’ That doesn’t give me confidence that the discretion of when we may be required is ours to determine. So, I’m anxious about who is going to define when we may be required,” she said.
Many residents who spoke during public comment urged the county to let the courts decide if compliance is required.
When asked if she would like to see legal action pursued, Semrad said, “Absolutely. So, I would love to see a declaratory judgment action filed for a judge to weigh in and say, ‘Hey, what is a county commission’s best effort to, you know, support the federal immigration program that’s going on.’’
News 6 asked the commissioner if she worries about repercussions for voting no, including removal from office.
“In today’s political climate? I think that anything is possible,” she replied.
[WATCH PREVIOUS COVERAGE: Orange County mayor stands by comments on Florida attorney general over immigration]