BODY
WHEREAS, the United States Department of
Homeland Security, Immigration and Customs Enforcement (“Immigration and Customs
Enforcement”) issues immigration detention requests, known as detainers, to
local criminal justice agencies, including the Miami-Dade Corrections and
Rehabilitation Department (the “Department”); and
WHEREAS, Immigration and Customs
Enforcement issues detainers to the Department requesting that the County hold
an inmate until Immigration and Customs Enforcement can assume custody of the
inmate, up to 48 hours after the inmate’s local charges have been resolved;
and
WHEREAS, in 2011, Immigration
and Customs Enforcement issued 3,262 detainers to the Department, 57 percent of
which involved inmates not charged with felonies; and
WHEREAS, in 2012, Immigration and
Customs Enforcement issued 2,499 detainers to the Department, 61 percent of
which involved inmates not charged with felonies; and
WHEREAS, honoring Immigration and
Customs Enforcement detainers by holding inmates up to an additional 48 hours
cost the taxpayers of Miami-Dade County $1,002,700 in 2011 and $667,076 in 2012;
and
WHEREAS, on December 3, 2013,
this Board adopted Resolution No. R-1008-13 directing the Mayor or designee to
implement a policy whereby the Department may, in its discretion, honor detainer
requests issued by Immigration and Customs Enforcement only if:
1. the federal government agrees in
writing to reimburse Miami-Dade County for any and all costs relating to
compliance with such detainer requests, and either:
2. the inmate that is the subject of
such a request has a previous conviction for a Forcible Felony, as defined in
Florida Statute section 776.08, or
3. the inmate that is the subject of
such a request has, at the time the Department receives the detainer request, a
pending charge of a non-bondable offense, as provided by Article I, Section 14
of the Florida Constitution, regardless of whether bond is eventually granted;
and
WHEREAS, effective January 1,
2014, Miami-Dade County began honoring detainer requests only when the above
conditions were met; and
WHEREAS,
since the implementation of this policy, the taxpayers of Miami-Dade County have
saved hundreds of thousands of dollars in costs that are unreimbursed by the
federal government associated with honoring immigration detainer requests;
and
WHEREAS, on November 20, 2014,
U.S. Secretary of Homeland Security Jeh Charles Johnson issued a memorandum
entitled “Secure Communities” to Immigration and Customs Enforcement advising
that a number of federal courts have rejected the authority of state and local
law enforcement agencies to detain immigrants pursuant to federal detainers
issued under the Secure Communities program and that governors, mayors, and
state and local law enforcement officials around the country have increasingly
refused to cooperate with detainer requests and many have issued executive
orders or signed laws prohibiting cooperation; and
WHEREAS, federal courts have
found that local law enforcement agencies that detain individuals on the sole
authority of a detainer request violate the Fourth Amendment of the U.S.
Constitution, exposing such agencies to legal liability unless there has been an
independent finding of probable cause to justify detention; and
WHEREAS, the Secretary of Homeland
Security acknowledged that an increasing number of federal court decisions hold
that detainer-based detention by state and local law enforcement agencies
violates the Fourth Amendment; and
WHEREAS, the Secure Communities
memorandum directed Immigration and Customs Enforcement to discontinue the
former immigration policy and implement a new program called the Priority
Enforcement Program (“PEP”) that focuses on targeting individuals who pose a
threat to public safety or individuals convicted of significant criminal
offenses and seeks the transfer of individuals in state and local custody in
specific limited circumstances; and
WHEREAS, under PEP, Immigration and
Customs Enforcement will issue a request that the state or local law enforcement
agency notify Immigration and Customs Enforcement at least 48 hours prior to
release of a suspected priority removable individual; and
WHEREAS, under PEP, Immigration and
Customs Enforcement will also issue a request to the law enforcement agency to
detain an individual for up to 48 hours after his or her release, but only when
the individual fits within the Department of Homeland Security’s narrower
enforcement priorities and Immigration and Customs Enforcement has sufficient
probable cause to find that the individual is removable; and
WHEREAS, aliens within the U.S.,
including aliens who are unlawfully present, enjoy Fourth and Fifth Amendment
protections under the U.S. Constitution and shall not be deprived of life,
liberty or property without due process of law; and
WHEREAS, while criminal detainers are
subject to multiple procedural safeguards, including a requirement of court
approval, Immigration and Customs Enforcement detainer requests lack comparable
protections and are often issued where there are no immigration proceedings
pending; and
WHEREAS, a judge is
not required to review or approve an immigration detainer; and
WHEREAS, an immigration detainer may be
issued by a single Immigrations and Customs Enforcement officer when there are
no immigration proceedings pending; and
WHEREAS, this process does not meet the
U.S. Constitution’s minimum standard for authorizing detention after an inmate
is scheduled to be released; and
WHEREAS, on June 17, 2015, the American
Civil Liberties Union (the “ACLU”) issued a letter to U.S. Secretary of Homeland
Security Jeh Charles Johnson addressing serious legal concerns with the
implementation of PEP and advised that the new policy does not cure the legal
deficiencies which courts have found to violate the Fourth Amendment and expose
local law enforcement agencies to liability; and
WHEREAS, the ACLU reports that
Immigration and Customs Enforcement detainers imprison people without due
process and, in many cases, without any charges pending or probable cause
violations, raising serious constitutional due process concerns; and
WHEREAS, despite the change in policy at
the federal level through PEP and concerns regarding the constitutionality of
PEP, bills have been filed for consideration during the 2016 session of the
Florida Legislature that would prohibit local governments from limiting or
restricting the enforcement of federal immigration laws, including complying
with immigration detainers, and preempt policies set by this Board requiring the
federal government to reimburse county taxpayers for costs relating to
compliance with Immigration and Customs Enforcement detainer requests; and
WHEREAS, Senate Bill (SB) 872 and House
Bill (HB) 675 have been filed by Senator Aaron Bean (R - Jacksonville) and
Representative Larry Metz (R - Groveland), respectively; and
WHEREAS, SB 872 and HB 675 are identical
bills that would prohibit local government entities and law enforcement agencies
from limiting or restricting the enforcement of federal immigration law,
including but not limited to, limiting or restricting compliance with an
immigration detainer; and
WHEREAS,
SB 872 and HB 675 prohibit “Sanctuary Policies,” defined therein as “a law,
policy, practice, procedure, or custom adopted or permitted by a state entity,
state official, law enforcement agency, local governmental entity, or local
government official …which prohibits or impedes a law enforcement agency from
communicating or cooperating with a federal immigration agency, or a federal
immigration official, with respect to federal immigration enforcement,
including, but not limited to, cooperation with immigration detainers”; and
WHEREAS, SB 872 and HB 675 would preempt
County policy as it specifies that “a state or local governmental entity or
official or a law enforcement agency may not limit or restrict the enforcement
of federal immigration law, including, but not limited to, limiting or
restricting a state or local governmental entity or official or a law
enforcement agency from complying with an immigration detainer”; and
WHEREAS, SB 872 and HB 675 would
permit the Florida Attorney General or applicable state attorney to institute
proceedings in circuit court to enjoin a law enforcement agency or local
government entity found to be in violation and impose fines of at least $1,000,
but not more than $5,000, for each day that the policy or practice was found to
be in effect before the injunction was granted; and
WHEREAS, pursuant to 8 C.F.R. §
287.7(e), Immigration and Customs Enforcement is not responsible for
incarceration costs of any individual against whom a detainer is lodged until
actual assumption of custody; and
WHEREAS, to the extent a payment
authorization is considered by Immigration and Customs Enforcement to a local
law enforcement agency, under INA §103(a)(11), it should only be made pursuant
to a written agreement because Immigration and Customs Enforcement pays
detention costs when aliens are in its custody pursuant to an agreement with a
political subdivision of a state; and
WHEREAS, SB 872 and HB 675 could impact
the County’s policy regarding immigration detainers and could prevent the County
from obtaining reimbursement for any and all costs related to honoring
immigration detainers; and
WHEREAS,
detainer requests are an unfunded federal mandate that impose hefty fiscal
burdens and legal liability on local law enforcement agencies; and
WHEREAS, SB 872 and HB 675 could result
in the taxpayers of Miami-Dade County and any county in Florida incurring the
cost of honoring immigration detainers; and
WHEREAS, SB 872 and HB 675 expose
Miami-Dade County and other Florida counties to potential legal liability for
holding an inmate pursuant to an immigration detainer, without probable cause,
beyond the point at which he or she would otherwise be released; and
WHEREAS, this Board opposes SB 872 and
HB 675 because they preempt policies set by this Board related to immigration
detainer requests to hold an inmate up to 48 hours that provide that the County
will only hold such inmates up to 48 hours if the federal government reimburses
county taxpayers for the cost,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Opposes SB 872 and HB 675, or
similar legislation that would preempt policies set by this Board related to
immigration detainer requests.
Section 2. Directs the Clerk of the
Board to transmit a certified copy of this resolution to the Governor, Senate
President, House Speaker, Senator Aaron Bean, Representative Larry Metz and the
Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County’s state
lobbyists to oppose the passage of the legislation set forth in Section 1 above,
and authorizes and directs the Office of Intergovernmental Affairs to amend the
2016 State Legislative Package to include this item.
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“What this means is that our teachers will be forced to report undocumented students or their parents, while local local law enforcement will have to hold immigrants in detention only for being undocumented,” said Francesca Menes, Policy Director of the Florida Immigrant Coalition. “Can you imagine the fear this will generate in the community? Immigrants will be afraid to call to the Police to report a crime and parents will fear taking their kids to school.”
Note: That is not in the HB675 or SB 0872 MM
https://floridaimmigrant.org/about/team/
FRANCESCA MENES
Policy and Advocacy Coordinator
Florida Wage Theft Task Force Coordinator
francesca@floridaimmigrant.org
Francesca is from Miami’s Little Haiti community. She earned a B.A. in Political Science and Women’s Studies and her Master’s in Public Administration with a certificate in Community Development from Florida International University. With FLIC, she has coordinated the Florida Wage Theft Task Force, coordinated a national network campaigning for Temporary Protected Status for Haitians, successfully led the statewide campaign “We Are Florida’s Future” to pass in-state tuition for undocumented students in 2014, developed and implemented a 2014 Voter Engagement Program in 2 counties and 5 cities knocking on over 45,000 doors. She is the FLIC representative to various national organizations, including the Black Immigration Network, she also is the co-coordinator of #Rights4ALLinDR. Francesca served on the board of South Florida Jobs with Justice and was appointed by Miami-Dade County Commissioner Sally A. Heyman to the Commission for Women and appointed by Miami-Dade County Chairman Jean Monestime to the Community Action Agency. Francesca has received numerous honors and recognitions, including being name one of the 20 under 40 Emerging Leaders in South Florida by the Miami Herald.
Florida Not For Profit CorporationFLORIDA IMMIGRANT COALITION, INC.
https://floridaimmigrant.org/?press_releases=florida-house-ready-to-vote-on-controversial-anti-immigrant-legislation
“What this means is that our teachers will be forced to report undocumented students or their parents, while local local law enforcement will have to hold immigrants in detention only for being undocumented,” said Francesca Menes, Policy Director of the Florida Immigrant Coalition. “Can you imagine the fear this will generate in the community? Immigrants will be afraid to call to the Police to report a crime and parents will fear taking their kids to school.” - See more at: https://floridaimmigrant.org/?press_releases=florida-house-ready-to-vote-on-controversial-anti-immigrant-legislation#sthash.DUO8oN2W.dpuf
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BELOW TREATY IS ACTIVE AS OF TODAY.
http://www.loc.gov/law/help/us-treaties/bevans/m-ust000002-0710.pdf
Here from OAS above Treaty in spanish
Florida Legislature Advances True Immigration Reform Bills
Members of the Florida House Civil Justice Subcommittee voted 9-4 to support immigration enforcement efforts by advancing House Bill (HB) 675, on Wednesday, January 13. HB 675 would prohibit the State of Florida and its cities and counties from instituting dangerous sanctuary policies that impede the enforcement of immigration law. (Palm Beach Post, Jan. 13, 2016)
Specifically, HB 675 prohibits any state or local government entity from instituting a policy, practice, or procedure that interferes with a state or local law enforcement official’s ability to comply with immigration detainers received by U.S. Immigration and Customs Enforcement (ICE). Furthermore, the bill would prohibit policies that restrict ICE agents’ access to inmates for interviews, and ensure that state and local officials can initiate immigration status investigations with the federal government, and provide ICE with an inmate’s status or release date.
Importantly, the measure ensures that state and local law enforcement are not constrained from maintaining the immigration status information of an individual, exchanging such information with federal immigration officials, or using such information to determine eligibility for a public benefit, service, or state awarded license. (Id.) Jurisdictions that violate HB 675 are subject to a fine of at least $1000, but not more than $5,000, per day that the policy was in effect. (Id.)
Representative Larry Metz (R-District 32) introduced HB 675 to ensure state and local law enforcement comply with federal immigration law and protect the public. Sanctuary policies recklessly prioritize the interests of criminal aliens over the general public by shielding them from federal enforcement efforts. Many sanctuary policies require local law enforcement to release criminal aliens back into communities despite notification from ICE that the suspect has already been identified as a national security or public safety threat. (FAIR Report, Oct. 2 2015) “This bill would basically say, as a matter of policy in the state of Florida, that we’re not going to tolerate state or local governmental agencies from refusing to cooperate with the enforcement of existing federal immigration law,” Representative Metz said of his legislation. (Palm Beach Post, Jan. 13, 2015)
