Citing state comments that his city isn’t legally required to enter into an agreement with U.S. Immigration and Customs Enforcement (ICE), South Miami Mayor Javier Fernández is doubling down on refusing to sign one and calling on others to do similarly.
Fernández, a former Democratic state lawmaker who is suing Florida over the issue[1], is holding an online press conference Thursday with immigrants’ rights activists.
During it, he plans to detail a vital admission a lawyer for the state made Aug. 21 during a hearing over the lawsuit.
The admission: that only Sheriffs or chief correctional officers operating county detention facilities must sign a written agreement to participate in ICE’s 287(g) program[2].
Counsel for Florida said Gov. Ron DeSantis’ administration doesn’t interpret a recently updated[3] state statute[4] as requiring every municipality to enter into a 287(g) partnership[5] with ICE that authorizes local police to enforce federal immigration laws — just those with county detention facilities.
“The City of South Miami does not operate a county detention facility, and, like many other jurisdictions strong-armed into signing them, should therefore not be legally required to participate in the program,” a city statement said.
“With the admission by the state’s counsel, it is now time for all jurisdictions that have entered into these problematic and costly agreements under threats from the state to cancel them.”
Fernandez, joined by Florida Immigrant Coalition Executive Director Tessa Petit and Community Justice Project Director Alana Greer, said he’ll be calling on “all Florida jurisdictions that have entered 287(g) agreements to cancel them.”
He said he’ll also call “on the DeSantis administration to stop harassing” those localities.
Miami[6] and Key West[7] have signed 287(g) agreements. The City Manager and Chief of Police in Tallahassee[8] did so too, though Commissioners are now considering legal action.
In February, the Florida Sheriffs Association announced that every county jail in the state[9] had signed a written agreement with ICE to ensure compliance with 287(g) program requirements, rendering the city agreements arguably superfluous.
Fernández’s Zoom conference is scheduled for Thursday at 11:30 a.m. Pre-registration is required.
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References
- ^ suing Florida over the issue (www.cbsnews.com)
- ^ 287(g) program (www.ice.gov)
- ^ recently updated (floridapolitics.com)
- ^ state statute (www.leg.state.fl.us)
- ^ 287(g) partnership (www.ice.gov)
- ^ Miami (floridaphoenix.com)
- ^ Key West (www.miamiherald.com)
- ^ Tallahassee (www.wtxl.com)
- ^ every county jail in the state (flsheriffs.org)