The city of South Miami wants a judge to determine whether its police department is required to arrest and question undocumented immigrants on behalf of the federal government.
This decision comes as municipalities that refuse to cooperate face threats of sanctions from the Florida Attorney General.
“The only refuge we have left is to turn to the courts and ask a tribunal to rule on what the law says and what our obligations are—not on the merits of the policy,” said South Miami Mayor Javier Fernandez during a meeting on Tuesday evening. “It’s a precise question,” he added, according to the Miami Herald.
Although the city has not yet officially taken the case to court, the municipal commission decided to involve the judiciary after Attorney General James Uthmeier criticized Fort Myers for not signing an agreement with Immigration and Customs Enforcement (ICE). This agreement, under the 287(g) program, allows local law enforcement to arrest and detain undocumented immigrants as part of their daily duties.
Uthmeier claims that failing to adhere to the 287(g) program constitutes a “serious and direct violation” of the 2019 law banning “sanctuary cities” in Florida, a term used to describe municipalities that do not collaborate with federal immigration authorities. He also warned that local officials who refuse to comply could face civil and criminal penalties and even be suspended from office by Governor Ron DeSantis.
South Miami’s decision highlights how some municipalities in Florida are trying to navigate between state mandates and their own local policies.
According to the Miami Herald, local authorities, who hold nonpartisan positions, fear that being targeted by the state could lead to retaliation, such as budget cuts affecting municipal projects.
Mayor Javier Fernandez, a Democrat from Miami-Dade County and a former state representative in Tallahassee, had initially proposed removing the city manager’s authority to sign agreements with other law enforcement agencies. He believed this would help municipal administrators avoid political tensions and leave elected officials responsible for decisions and their consequences.
However, after learning about the Attorney General’s letter, the municipal commission decided to take the matter to court instead.
“We must be aware that we are operating in an environment where some people are primarily trying to score political points,” Fernandez said. “But you know what? I don’t care. What I want is to live in a society where we respect the rule of law,” he told the Miami Herald.
In Florida, more than 100 law enforcement agencies have already joined the 287(g) program, making Florida the state with the highest number of local police forces involved in enforcing federal immigration laws, according to the Miami Herald.
In recent weeks, several police departments, including those in Coral Gables, Key West, Tampa, and St. Petersburg, have joined the program.
The state is accelerating its efforts to recruit more local law enforcement agencies to support the DeSantis administration’s immigration policy.
Some police officials, such as Coral Gables Police Chief Ed Hudak, see the agreement with ICE as simple compliance with Florida’s ban on sanctuary cities.
In the case of South Miami, Mayor Fernandez emphasizes that the municipality wants to analyze the legal and financial consequences before making a decision.
“We have tried to understand these issues before committing. What are the concrete implications?” he told the Miami Herald on Wednesday.
The city’s legal counsel, Anthony Recio, stated that Attorney General Uthmeier’s letter to Fort Myers authorities was not necessarily a correct interpretation of the law, although the Attorney General’s opinions carry significant weight.
Fernandez believes that the city has no legal obligation to join the 287(g) program but clarifies, “I will be happy to comply with any decision rendered by the court.”
During the municipal meeting, South Miami officials expressed concerns about the state’s pressure to force them into a program that may not be mandatory under Florida law.
“I feel that this whole discussion is based on a certain form of coercion,” Fernandez said during the meeting.
Source: Miami Herald
