Res No 144-18-15177RESOLUTION NO. 144-18-15177
A Resolution amending Resolution 028-17-14829 as to the City of
South Miami, Florida, policy to prevent the diversion of our police
force into duties related to immigration enforcement.
WHEREAS, on February 21, 2017, the City of South Miami passed and adopted
Resolution 028-17-14829 as to the City of South Miami, Florida, policy to prevent the
diversion of our police force into duties related to immigration enforcement; and
WHEREAS, South Miami stands as a united community, neighbor supporting neighbor;
and
WHEREAS, significant numbers of community members were brought here as children
by their families and have grown up as valued members of our community, irrespective of
official immigration status; and
WHEREAS, under current Federal law and Florida statutes, local law enforcement is not
compelled to participate in immigration-related investigations; and
WHEREAS, the U.s. Supreme Court determined in 2012 that state law enforcement
does not have the authority to arrest people for probable cause concerning violation of
immigration law (Arizona v. United States, 567 U.S. 11-182); and
WHEREAS, the analysis of the 2010 American Community Survey (ACS) showed that
immigrants are only half as likely to be incarcerated as native born Americans, and have among
the lowest deliI).quency rates of all young people; and
WHEREAS, general deportation has not proven an effective method of protecting South
Florida from criminal behavior. Many countries won't take criminals back, and criminals so
frequently find their way back after being deported to countries that will receive them; and
WHEREAS, the South Miami Police Department (SMPD) exists to serve and protect the
safety of all people, homes, and businesses of South Miami, including our visitors and business
customers; and
WHEREAS, persons arrested and charged in South Miami are transported by the SMPD
to the Miami-Dade County Jail, where they fall under the policies of the County; and
WHEREAS, in 2013, the Miami-Dade County Commission approved a policy of
cooperation with Immigration services for individuals served with court-issued warrant or
charged with committing a serious felony determined to be a real or potential threat to public
safety felony or an unbondable offense; and
WHEREAS, County Mayor Carlos Gimenez recently wrote: "The Miami-Dade County
Police Department will not actively question or seek out anyone's immigration status"; and
WHEREAS, the ability of the SMPD to protect our community depends on a spirit of
Page 1 of3
Res. No. 144-18-15177
trust and cooperation between our police, residents, businesses, and visitors; and
WHEREAS, trust and cooperation between City police and residents, critical to the
mission of the SMPD, may be significantly eroded by the redirection of our municipal police
force into acting as agents of national immigration enforcement policy; and
WHEREAS, the International Association of Police Chiefs (IACP) affirmed: " ... the
IACP has, and will continue to strongly oppose any initiative that would mandate that state and
local law enforcement agencies playa role in the enforcement of federal immigration law. The
IACP believes that the issue of state, tribal, or local law enforcement's participation in
immigration enforcement is an inherently local decision that must be made by law enforcement
executives, working with their elected officials, community leaders, and citizens. "; and
WHEREAS, 8 U.S. Code § 1373 provides that a Federal, State, or local government
entity or official may not in any way restrict, any government entity or official from sending to,
or receiving from, the Immigration and Naturalization Service information regarding the
citizenship or immigration status, lawful or unlawful, of any individual and no person or agency
may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any
of the following with respect to information regarding the immigration status, lawful or
unlawful, of any individual: (1) Sending such information to, or requesting or receiving such
information from, the Immigration and Naturalization Service; (2) Maintaining such information;
(3) Exchanging such information with any other Federal, State, or local government entity.
WHEREAS, while the City Commission continues to opposes the diversion of its police
force into immigration enforcement duties which may undermine the trust and cooperation
needed to carry out its chartered mission of protection, and divert resources from criminal law
enforcement, the City's policy does not in any way restrict any City official or employee from
maintaining or exchanging information regarding the citizenship or immigration status, lawful or
unlawful, of any individual with any other Federal, State, or local government entity.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The above recitals are true and correct and are incorporated herein by
reference and the City of South Miami hereby amends Section 3 of Resolution 028-17-14829 to
read as follows.
Section 2. It shall be the policy of the City of South Miami that, matters under the
purview of the U.S. Immigration and Customs Enforcement (ICE), including the investigation,
arrest, detention, and deportation of individuals relating to immigration-related matters,
irrespective of actual immigration status, shall be referred by the SMPD to the Miami Dade
County Police Department relative to these activities unless a public safety emergency has
occurred or is eminent.
Section 3. It shall be the policy of the City of South Miami that, unless specifically
required by an act of the Florida Legislature, the U.S. Congress, or a decision of the courts: (1)
the SMPD shall not enforce national immigration policy in the normal course of duty; (2) the
SMPD shall not inquire specifically into the immigration status of an individual unless the
Page 2 of3
Res. No. 144-18-15177
individual is believed or determined to have committed a serious felony determined to be a real
or potential threat to public safety or an unbondable offense (apart from immigration), indicative
of an ongoing threat to public welfare or safety; (3) the SMPD shall not engage in joint
operations with another agency wherein members of the community are to be screened or
arrested for their immigration status except where specific individuals, as identified above, are
sought; (4) the SMPD shall not initiate or cause to be initiated an investigation, detainment, or
arrest of individuals for immigration-related offenses, except as determined by the City Manager
to be a bona fide emergency concerning specific individuals sought through a court order or
sought by law enforcement for committing a serious felony or an unbondable offense (apart from
immigration). However, the City's policy does not in any way restrict any City official or
employee from maintaining or exchanging information regarding the citizenship or immigration
status, lawful or unlawful, of any individual with any other Federal, State, or local government
entity.
Section 4.· If any section clause, sentence, or phrase of this resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this resolution.
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 7 th day of August ,2018.
ATTEST: APfi=ff4J:M c~~ MA~
COMMISSION VOTE 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Gil: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Page 3 of3
City Commission Agenda Item Report
Meeting Date: August 7,2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section: ADD-ON ITEM(S)
Subject:
Agenda ttem No:Bb.
A Resolution amending Resolution 028-17-14829 as to the City of South Miam i, Florida, policy to prevent the
diversion of our police force into duties related to immigration enforcement. 3/5 (City Attorney)
Suggested Action:
Attachments:
Resolution_Amending_Resolution_028-17-14829_re_ICEw_s.doc
Res No 028-17-14829(1}.pdf
1
and
RESOLUTION NO. 028-17-14829
A Resolution creating policy to prevent the diversion of our police
force into duties related to immigration enforcement.
WHEREAS, South Miami stands as a united community, neighbor supporting neighbor;
WHEREAS, significant numbers of community members were brought here as children
by their families and have grown up as valued members of our community, irrespective of
official immigration status; and
WHEREAS, under current Federal law and Florida statutes, local law enforcement is not
compelled to participate in immigration-related investigations; and .
WHEREAS, the U.S. Supreme Court determined in 2012 that state law enforcement
does not have the authority to arrest people for probable calise concerning violation of
immigration law (Arizona v. United States, 567 U.S. 11-182); and
WHEREAS, the analysis of the 2010 American Community Survey (ACS) showed that
immigrants are only half as likely to be incarcerated as native born Americans, and have among
the lowest delinquency rates of all young people; and
WHEREAS, general deportation has not proven an effective method of protecting South
Florida from criminal behavior. Many countries won't take criminals back, and criminals so
frequently find their way back after being deported to countries that will receive them; and
WHEREAS, the South Miami Police Department (SMPD) exists to serve and protect the
safety of all people, homes, and businesses of South Miami, including our visitors and business
customers; and
WHEREAS, persons arrested and charged in South Miami are transported by the SMPD
to the Miami-D~de County Jail, where they fall under the policies of the County; and
WHEREAS, in 2013, the Miami-Dade County Commission approved a policy of
cooperation with IIilmigration services for individuals served with court-issued warrant or
charged with committing a serious felony determined to be a real or potential threat to public
safety felony or an unbondable offense; and
WHEREAS, County Mayor Carlos Gimenez recently wrote: "The Miami-Dade County
Police Department will not actively question or seek out anyone's immigration status"; and
WHEREAS, the ability of the SMPD to protect our community depends on a spirit of
trust and cooperation between our police, residents, businesses, and visitors; and
WHEREAS, trust and cooperation between City police and residents, critical to the
mission of the SMPD, may be significantly eroded by the redirection of our municipal police 5
force into acting as agents of national immigration enforcement policy; and
Res. No. 028-17-14829
WHEREAS, the International Association of Police Chiefs (IACP) affmned: " ... the
LACP has, and will continue to strongly oppose any initiative that would mandate that state and
local law enforcement agencies play a role in the enforcement of federal immigration law. The
LACP believes that the issue of state, tribal, or local law enforcement's participation in
immigration enforcement is an inherently local decision that must be made by law enforcement
executives, working with their elected officials, community leaders, and citizens. "
WHEREAS, the City Commission opposes the diversion of our police force into
immigration enforcement duties which may undermine the trust and cooperation needed to carry
out its chartered mission of protection, and divert resources from criminal law enforcement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1.
reference.
The above recitals are true and correct and are incorporated herein by
Section 2. It shall be the policy of the City of South Miami that, matters under the
purview of the U.S. Immigration and Customs Enforcement (ICE), including the investigation,
arrest, detention, and deportation of individuals relating to immigration-related matters,
irrespective of actual immigration status, shall be referred by the SMPD to the Miami Dade
County Police Department relative to these activities unless a public safety emergency has
occurred or is eminent.
Section 3. It shall be the policy of the City of South Miami that, unless specifically
required by an act of the Florida Legislature, the U.S. Congress, or a decision of the courts: (1)
the SMPD shall not enforce national immigration policy in the normal course of duty; (2) the
SMPD shall not inquire specifically into the immigration status of an individual unless the
individual is believed or determined to have committed B: serious felony determined to be a real
or potential threat to public safety or an unbondable offense (apart from immigration), indicative
of an ongoing threat to public welfare or safety. (3) the SMPD shall not engage in joint
operations with another agency wherein members of the community are to be screened or
arrested for their immigration status except where specific individuals, as identified above, are
sought; (4) the SMPD shall not initiate or cause to be initiated an investigation, detainment, or
arrest of individuals for immigration-related offenses, except as determined by the City Manager
to be a bona fide emergency concerning specific individuals sought through a court order or
sought by law enforcement for committing a serious felony or an unbondable offense (apart from
immigration).
Section 4. If any section clause, sentence, or phrase of this resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this resolution.
Section 5. This resolution shall take effect immediately upon adoption.
Page 2 of3
6
Res. No. 028-17-14829
PASSED M1) ADOPTED this 21 stclay of February ,2017.
APPROVED:
Ph4 JrJ@
MAYOR
COMMISSION VOTE 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
Page 3 of3
7
(;n.
SouthlMiami
THE CITY OF PLEASANT LIVING
ODIce OJ! lxe m'YOJl
16 February 2017
The accompanying resolution, which creates policy related to how the South Miami
Police Department tfeats the subject of immigration enforcement, fits into both national
and local contexts and precedents.
Under current Federal law and Florida statutes, local law enforcement is not compelled to
participate in immigration-related investigations. Further, The US Supreme Court
determined that state law enforcement does not have the authority to arrest people for
probable cauSe concerning violation of immigration law (Arizona v. United States, 567
U.S. 11-182). .
When an undocmnented alien is charged with committing a serious felony or an
unbondable offense, our police should cooperate with other agencies to apprehend the
individual, but that need exists irrespective of the individual's immigration status: under
Article I of the U.S. Constitution, laws applied within our borders must apply equally to
everyone.
These matters do not strike me as abstractions -South Miami has a history that I never
wish to see repeated. Under a prior South Miami administration and Police Chief, the
South Miami Police Department (SMPD) worked with U.S. Immigration and Customs
Enforcement (ICE) to initiate or assist with the investigation, arrest, detention, and
deportation of City residents on immigration-related matters. In one case, a legal
peIDlanent resident with a green card was investigated by the SMPD on suspicion of
immigration fraud. The SMPD arrested the individual in his home and handed him over
to U.S. Immigration and Customs Enforcement (ICE) for prosecution and deportation on
immigration charges. The individual was placed in indefinite detention in a private
prison in Palm Beach County and the family had to hire a private immigration attorney at .
their own expense to mount a legal defense. Eventually, the court dismissed the charge,
but only after enOIDlOUS emotional and financial cost to the individual, the family, and the
community. Another individual who had lived in South Miami for 10 years without
committing any criminal act, was arrested by the SMPD, handed over to ICE, detained at
Krome for half a year, and deported to Canada in the middle of winter with no money,
and, without a jacket. On several occasions, ICE was invited to participate in DUI
checkpoints run by the SMPD, causing great anxiety among people who were stopped as
part of the DUI procedure, and resulting in the arrest of individuals lacking proper
immigration status. '
Sometimes ICE has asked our Police to enter a resident's house and arrest an individual,
at gunpoint if necessary, and hand him or her over to ICE. Such actions, while
representing interagency cooperation, creates mistrust of our Police Department by City
residents. Many people came to our community as immigrants, escaping oppression in
City of South Miami 16130 Sunset Drive I South Miami, FL 33143-5093
305.663.63381 southmiamifl.gov
8
their home countries, places where police worked agents of a totalitarian regime and were
neither revered nor trusted by the people. Many of our residents would hesitate to report
a minor infraction if they believed the complaint might result in the individual's
deportation back to that country, and they would mistrust our own police department if
we were seen as complicit in such actions.
For South Miami to remain united as a community, we cannot allow divisions to widen,
we cannot tum against each other, and we must be able to trust our own Police
Department to protect us. Allowing our Police Department to be coopted as the armed
hand of a politically divisive national movement would be antithetical to our heritage as a
nation of immigrants, our unity as a community, our neighborly values, and ultimately
our personal safety.
If ICE seeks local muscle and fire power to enforce immigration law, it can fmd a ready
partner in the County, where the Mayor appears more pliant on such matters than myself.
The same applies to detention. A person arrested on a criminal offense in South Miami is
transported by the SMPD to the County jail, where the State's Attorney takes over
regarding prosecution, and the County's 2013 policy on court-ordered warrants and
undocumented immigrant criminals should apply. .
In this context, I propose the policy revision in the accompanying resolution.
Sincerely,
Philip K. Stoddard, Ph.D.
Mayor
9