Miami-Dade Legislative Item
File Number: 032670
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File Number: 032670 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1440-03 Control: County Commission
File Name: RESO ENDORSING MEXICAN CONSULAR I.D. CARD FOR OFFICIAL PURPO Introduced: 9/29/2003
Requester: NONE Cost: Final Action: 12/16/2003
Agenda Date: 12/16/2003 Agenda Item Number: 10A2
Notes: Title: RESOLUTION ENDORSING THE MEXICAN CONSULAR IDENTIFICATION CARD FOR OFFICIAL IDENTIFICATION PURPOSES
Indexes: IDENTIFICATION CARD
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/16/2003 10A2 Adopted P
REPORT: Commissioner Barreiro introduced the Honorable Jorge Lomorco (phonetic), Consul General of Mexico, and distributed information on the Mexican Identification Card. Consul General Lomorco provided a brief overview of the program, after which he opened the discussion for Board members’ input. County Attorney Ginsburg stated that this matter was more a policy issue and the Board’s endorsement would not cause a liability issue. He stated that the U.S. Department of the Treasury had expressed its support of the cards, which influenced over 800 jurisdictions throughout the U.S. to endorse their use. He advised that the FBI and the Department of Homeland Security opposed using the cards. Commissioner Moss spoke in support of the foregoing proposed resolution and stated that it was a good policy issue and that strategies to deter misuse of the cards would be implemented and asked to be listed as a co-sponsor. Commissioner Souto commented on the FBI’s and Homeland Security’s opposition, and expressed concern with U.S. security, fearing that other countries would follow suit and request that ID cards be issued for their countries.

Board of County Commissioners 12/4/2003 10A6 Deferred 12/16/2003 P
REPORT: During consideration of changes, the foregoing resolution was deferred to December 16, 2003 per the County Manager's request.

Board of County Commissioners 11/6/2003 10A4 Deferred 12/4/2003 P
REPORT: Commissioner Souto expressed concern with the foregoing proposed resolution,expressing that this should be considered a Federal issue that impacted homeland security. Commissioner Barreiro noted the consular identification card would not be mandated. He noted the Consul had been issuing the cards to the Mexicans for official identification purposes to facilitate obtaining bank and government services. It was moved by Commissioner Barreiro that the foregoing resolution be adopted. This motion was seconded by Commissioner Heyman. Commissioner Martinez expressed concern regarding the section of the resolution that referred to undocumented Mexican immigrants and inquired if illegal immigrants would be able to obtain the consular identification card. County Attorney Robert Ginsburg noted Miami-Dade County was not doing the certification, or background investigation. He noted this effort was being realized by the Mexican Consular, and he was not aware of how the Mexican Consular would make its determinations and distribution of the consular identification cards. Commissioner Morales stated this situation was unique because the United States had millions of undocumented Mexicans who could not obtain a formal identification card such as a driver’s license. He noted the Mexican government, in an effort to help its citizens, was issuing this identification card so that if they were stopped they could use the card as identification. Following further discussion, the foregoing motion passed by a vote of 8-1, Commissioner Souto voted No), (Chairperson Carey-Shuler, Commissioner Sosa and Commissioner Diaz were absent). Later in the meeting, Commissioner Martinez moved to reconsider the foregoing resolution. This motion was seconded by Commissioner Souto, and upon being put to a vote passed by a vote of 10-0, (Chairperson Carey-Shuler, Commissioner Sosa and Commissioner Diaz were absent). Commissioner Martinez noted the County could be in violation of Title 8, Section 1324 of the United States Code by encouraging aliens to enter/reside in the United States. In response to Vice Chairperson Sorenson’s comments that the foregoing resolution was approved for legal sufficiency, Assistant County Attorney Ginsburg recommended deferral to the next County Commissioner meeting. Later in the meeting, Commissioner Souto asked that the foregoing resolution be sent to the Homeland Security Agency for review and recommendations.

Board of County Commissioners 11/4/2003 10A4 Carried over 11/6/2003
REPORT: (NOTE: See Legistar Meeting Key #1417.)

Economic Development and Human Services Committee 10/15/2003 2A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Manager Tony E. Crapp read the foregoing proposed resolution into the record. Commissioner Barreiro introduced and moved the resolution. Responding to Commissioner Sorenson's inquiry on the potential benefits of the proposed resolution, Commissioner Barreiro responded that the Mexican Consulate could verify an immigrant's identity while immigration processes their legal status. When Commissioner Sorenson noted the possibility of disincentives for illegal immigrants to carry the Mexican Consulate Identification Card, Commissioner Barreiro responded that the immigrants need not fear deportation unless they commit certain serious crimes. When Commissioner Seijas asked how the Mexican Consulate could be certain that people are nationals, Commissioner Barreiro stated that the Consulate identifies nationals before issuing an identification card. Commissioner Seijas noted she questioned whether this resolution would eliminate fears. She said although she supported the proposed resolution for the purpose of identifying Mexican nationals, she wished to reserve the right to change her position later. Commissioner Sosa spoke in support of this resolution, which she noted as supported by the U.S. Treasury. Identifying people by name, phone number and address was a safe practice after September 11, 2001 terrorist attacks in New York and Washington, she said, and the federal government's intent was to provide immigrants with a sense of identity. There being no other questions or comments, the committee by a unanimous vote, forwarded this resolution to the Board of County Commissioners with a favorable recommendation.

County Attorney 9/29/2003 Assigned Economic Development and Human Services Committee 10/15/2003

County Attorney 9/29/2003 Assigned Susan Torres

Legislative Text


TITLE
RESOLUTION ENDORSING THE MEXICAN CONSULAR IDENTIFICATION CARD FOR OFFICIAL IDENTIFICATION PURPOSES

BODY
WHEREAS, the Mexican Consular Identification Card is issued by the Mexican government to Mexican nationals who have resided in the United States for at least six months and furnish sufficient proof of their identification; and
WHEREAS, Mexican nationals lack access to basic amenities that many people take for granted, such as the ability to open bank accounts, which may make Mexican nationals more susceptible to crime; and
WHEREAS, Mexican nationals fear cooperating with law enforcement officials and are reluctant to report crimes committed against them and others because they lack proper identification; and
WHEREAS, such fear and reluctance impede effective law enforcement; and
WHEREAS, local law enforcement agencies expend significant time and resources identifying foreign nationals who are detained but lack proper identification; and
WHEREAS, the Mexican Consular Identification Card contains various security features to safeguard against falsification; and
WHEREAS, various local governments and agencies in Florida, including the City of Homestead, and other jurisdictions in the United States, including the State of California, have taken part in a growing national trend to assist local undocumented Mexican immigrants by endorsing the use of the Mexican Consular Identification Card for official identification purposes,



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