_BbAgenda Item No:Bb.
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:
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. 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
RESOLUTION NO. __________1
2
A Resolution amending Resolution 028-17-14829 as to the City of 3
South Miami, Florida, policy to prevent the diversion of our police 4
force into duties related to immigration enforcement.5
6
WHEREAS, on February 21, 2017, the City of South Miami passed and adopted 7
Resolution 028-17-14829 as to the City of South Miami, Florida, policy to prevent the 8
diversion of our police force into duties related to immigration enforcement; and9
10
WHEREAS, South Miami stands as a united community, neighbor supporting neighbor; 11
and 12
13
WHEREAS, significant numbers of community members were brought here as children 14
by their families and have grown up as valued members of our community, irrespective of15
official immigration status; and 16
17
WHEREAS, under current Federal law and Florida statutes, local law enforcement is not 18
compelled to participate in immigration-related investigations; and 19
20
WHEREAS, the U.S. Supreme Court determined in 2012 that state law enforcement 21
does not have the authority to arrest people for probable cause concerning violation of 22
immigration law (Arizona v. United States, 567 U.S. 11-182); and23
24
WHEREAS,the analysis of the 2010 American Community Survey (ACS) showed that 25
immigrants are only half as likely to be incarcerated as native born Americans, and have among 26
the lowest delinquency rates of all young people; and 27
28
WHEREAS,general deportation has not proven an effective method of protecting South 29
Florida from criminal behavior. Many countries won’t take criminals back, and criminals so 30
frequently find their way back after being deported to countries that will receive them; and31
32
WHEREAS, the South Miami Police Department (SMPD) exists to serve and protect the 33
safety of all people, homes, and businesses of South Miami, including our visitors and business 34
customers; and 35
36
WHEREAS, persons arrested and charged in South Miami are transported by the SMPD 37
to the Miami-Dade County Jail, where they fall under the policies of the County; and38
39
WHEREAS, in 2013, the Miami-Dade County Commission approved a policy of 40
cooperation with Immigration services for individuals served with court-issued warrant or 41
charged with committing a serious felony determined to be a real or potential threat to public 42
safety felony or an unbondable offense; and43
44
WHEREAS,County Mayor Carlos Gimenez recently wrote: “The Miami-Dade County 45
Police Department will not actively question or seek out anyone’s immigration status”;and46
47
WHEREAS, the ability of the SMPD to protect our community depends on a spirit of 48 2
Page 2 of 3
trust and cooperation between our police, residents, businesses, and visitors; and 1
2
WHEREAS, trust and cooperation between City police and residents, critical to the 3
mission of the SMPD, may be significantly eroded by the redirection of our municipal police 4
force into acting as agents of national immigration enforcement policy; and 5
6
WHEREAS, the International Association of Police Chiefs (IACP) affirmed:“…the 7
IACP has, and will continue to strongly oppose any initiative that would mandate that state and 8
local law enforcement agencies play a role in the enforcement of federal immigration law. The 9
IACP believes that the issue of state, tribal, or local law enforcement’s participation in 10
immigration enforcement is an inherently local decision that must be made by law enforcement 11
executives, working with their elected officials, community leaders, and citizens.”; and12
13
WHEREAS,8 U.S. Code § 1373 provides that a Federal, State, or local government 14
entity or official may not in any way restrict, any government entity or official from sending to, 15
or receiving from, the Immigration and Naturalization Service information regarding the 16
citizenship or immigration status, lawful or unlawful, of any individual and no person or agency 17
may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any 18
of the following with respect to information regarding the immigration status, lawful or 19
unlawful, of any individual: (1) Sending such information to, or requesting or receiving such 20
information from, the Immigration and Naturalization Service; (2) Maintaining such information; 21
(3) Exchanging such information with any other Federal, State, or local government entity.22
23
WHEREAS,while the City Commission continues to opposes the diversion of its police 24
force into immigration enforcement duties which may undermine the trust and cooperation 25
needed to carry out its chartered mission of protection, and divert resources from criminal law 26
enforcement, the City’s policy does not in any way restrict any City official or employee from 27
maintaining or exchanging information regarding the citizenship or immigration status, lawful or 28
unlawful, of any individual with any other Federal, State, or local government entity.29
30
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 31
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:32
33
Section 1.The above recitals are true and correct and are incorporated herein by34
reference and the City of South Miami hereby amends Section 3 of Resolution 028-17-14829 to 35
read as follows.36
37
Section 2.It shall be the policy of the City of South Miami that, matters under the 38
purview of the U.S. Immigration and Customs Enforcement (ICE), including the investigation, 39
arrest, detention, and deportation of individuals relating to immigration-related matters,40
irrespective of actual immigration status, shall be referred by the SMPD to the Miami Dade 41
County Police Department relative to these activities unless a public safety emergency has 42
occurred or is eminent.43
44
Section 3. It shall be the policy of the City of South Miami that, unless specifically 45
required by an act of the Florida Legislature, the U.S. Congress, or a decision of the courts: (1) 46
the SMPD shall not enforce national immigration policy in the normal course of duty; (2) the 47
SMPD shall not inquire specifically into the immigration status of an individual unless the 48 3
Page 3 of 3
individual is believed or determined to have committed a serious felony determined to be a real 1
or potential threat to public safety or an unbondable offense (apart from immigration), indicative 2
of an ongoing threat to public welfare or safety; (3) the SMPD shall not engage in joint 3
operations with another agency wherein members of the community are to be screened or 4
arrested for their immigration status except where specific individuals, as identified above, are 5
sought; (4) the SMPD shall not initiate or cause to be initiated an investigation, detainment, or 6
arrest of individuals for immigration-related offenses, except as determined by the City Manager 7
to be a bona fide emergency concerning specific individuals sought through a court order or 8
sought by law enforcement for committing a serious felony or an unbondable offense (apart from 9
immigration). However, the City’s policy does not in any way restrict any City official or 10
employee from maintaining or exchanging information regarding the citizenship or immigration 11
status, lawful or unlawful, of any individual with any other Federal, State, or local government 12
entity.13
14
Section 4.If any section clause, sentence, or phrase of this resolution is for any 15
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 16
affect the validity of the remaining portions of this resolution.17
18
Section 5.This resolution shall take effect immediately upon adoption.19
20
21
PASSED AND ADOPTED this
th day of , 2018.22
23
ATTEST:APPROVED:24
25
____________________________________________________26
CITY CLERK MAYOR27
28
READ AND APPROVED AS TO FORM,COMMISSION VOTE29
LANGUAGE, LEGALITY,Mayor Stoddard:30
AND EXECUTION THEREOF:Vice Mayor Harris:31
Commissioner Gil:32
Commissioner Welsh:33
Commissioner Liebman:34
35
____________________________ 36
CITY ATTORNEY 37
4
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 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 bom 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-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 Departmentwill not actively question or seek out anyone's immigrationstatus ";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
force into acting as agents of national immigration enforcement policy; and
5
Res.No.028-17-14829
WHEREAS,the International Association of Police Chiefs (IACP)affirmed:"...the
LACP has, and will continue to strongly oppose any initiative that would mandate thatstate and
local law enforcement agencies play a role in the enforcement offederal 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. "
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,The above recitals are true and correct and are incorporated herein by
reference.
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 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).
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 AND ADOPTED this 21sW of February 2017.
ST:APPROVED:
CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE,LEGALITY,
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
Soutfr Miami •
<PTHECITYOFPLEASANTLIVING
OfFice of txe tflaYOH
16 February 2017
The accompanying resolution,which creates policy related to how the South Miami
Police Department treats 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 undocumented 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 1 ofthe 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 Cityresidents on immigration-related matters. In one case, a legal
permanent residentwith a greencard was investigatedby 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 prosecutionanddeportationon
immigrationcharges. The individual wasplacedin indefinitedetention in a private
prison in PalmBeachCountyandthe familyhadto hire a privateimmigrationattorneyat
their own expense to mount a legal defense. Eventually, the court dismissed the charge,
but only after enormous emotional and financialcost to the individual, the family,and the
community. Anotherindividualwho had livedin SouthMiami for 10 yearswithout
committing any criminal act, was arrested by the SMPD, handed over to ICE, detained at
Krome forhalfa year,anddeportedto Canada inthe middleof winterwithnomoney,
and, without ajacket. On severaloccasions,ICEwas invitedto participate in DUI
checkpointsrunbythe SMPD,causinggreat anxiety amongpeople whowerestoppedas
part of the DUIprocedure,andresultinginthearrestof 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 ourPolice Department by City
residents. Manypeoplecameto our community as immigrants,escapingoppressionin
City of South Miami |6130 Sunset Drive |South Miami, FL 33143-5093
305.663.6338 |southmiamifl.gov
8
theirhome countries,placeswherepoliceworkedagentsofa totalitarian regimeandwere
neither revered nortrustedbythe people.Many ofour residents would hesitate toreport
aminor infraction if they believedthe complaint mightresultinthe individual's
deportation backtothat country,andthey would mistrust ourownpolice department if
we were seen as complicit in such actions.
For South Miamito remain united as a community,we cannotallow divisionsto widen,
we cannot turn against each other, and we must be able to trust our own Police
Departmentto protect us. Allowing our PoliceDepartmentto be coopted as the armed
hand of a politicallydivisive nationalmovementwould beantitheticalto ourheritage as a
nation of immigrants,our unityas a community,our neighborly values,andultimately
our personal safety.
If ICE seeks localmuscle and foe power to enforceimmigrationlaw, it can find a ready
partner in the County,where the Mayor appearsmore plianton such mattersthan 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
regardingprosecution,and the County's 2013policyoncourt-orderedwarrantsand
undocumentedimmigrant criminalsshouldapply.
In this context, I propose the policyrevision in the accompanyingresolution.
Sincerely,
Philip K. Stoddard, Ph.D.
Mayor
9