(First InMaricopa) A day after Pinal County supervisors were told a federal immigration enforcement agreement was legally void, the Pinal County Attorney’s Office said U.S. Immigration and Customs Enforcement disagrees and considers the agreement still in effect.

In a press release issued this evening, County Attorney Brad Miller’s office said ICE has confirmed that the county’s 287(g) task force model agreement “remains active and in full force and effect,” directly contradicting the legal opinion delivered to the Board of Supervisors yesterday.

The statement, issued by Public Information Officer Christy Kelly, cites a written communication from Robert Andler, ICE’s deputy director and 287(g) program manager for the Phoenix Field Office. According to the release, Andler referenced Section XVIII of the memorandum of agreement, which states the agreement remains valid unless it is terminated or suspended by either party under the terms of the contract.

“That confirmation directly contradicts the Pinal County Board of Supervisors’ claim that the agreement is ‘void,’” the release states. “The County Attorney’s Office rejects that conclusion and maintains a press statement does not terminate a federal agreement.”

Miller reiterated in the release that his office intends to continue operating under the agreement and said ICE has confirmed it remains in effect.

The board, however, was told earlier Wednesday by attorneys from Snell & Wilmer that Miller never had the legal authority to enter into the agreement in the first place. Their written legal opinion concluded that only the Board of Supervisors can bind the county to a 287(g) agreement and that the county attorney’s office is not a law enforcement agency authorized to enforce federal immigration law.

Because the board never approved or signed the agreement, the attorneys said, it was never valid and is legally void. The opinion described Miller’s action as an illegal, ultra vires act and warned that proceeding could expose the county to legal and financial consequences, including potential involvement from the Arizona Attorney General and the Arizona Peace Officer Standards and Training Board.

Supervisor Rich Vitiello (R-Maricopa) said after the meeting that the issue was straightforward.

“We never signed it, so it was never valid,” Vitiello told InMaricopa. “He had to come to us.”

The dispute stems from an Aug. 28 memorandum of agreement signed by Miller’s office with ICE without prior board approval. Supervisors said they were not informed of the agreement until Dec. 11, more than three months later.

The sheriff’s office is currently the only county entity authorized to participate in a 287(g) agreement. Sheriff Ross Teeple has said the Pinal County Sheriff’s Office has held such an agreement since at least 2008.

The conflicting positions now set up a legal standoff between the county’s governing body, its chief prosecutor and federal immigration officials.

Vitiello was not immediately available for comment this evening.