Legislative Matter

Miami-Dade Legislative Item
File Number: 110323

Clerk's Official Copy

File Number: 110323

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-957-10

Control: Board of County Commissioners

File Name: NOT TO PASS IMMIGRATION LEGISL SIMILAR TO ARIZONA SB 1070

Introduced: 2/8/2011

Requester: NONE

Cost:

Final Action: 9/21/2010

Agenda Date: 9/21/2010

Agenda Item Number: 11A12

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 102008.

Title:

RESOLUTION URGING THE FLORIDA LEGISLATURE NOT TO PASS IMMIGRATION LEGISLATION SIMILAR TO ARIZONA’S SB 1070 (SEE ORIGINAL ITEM UNDER FILE NO. 102008)

Indexes:	LEGISLATURE
	IMMIGRATION

Sponsors:	Dennis C. Moss, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Dorrin D. Rolle, Co-Sponsor
	Katy Sorenson, 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

County Attorney	2/8/2011		Assigned	Martin W. Sybblis

Board of County Commissioners	9/21/2010	11A12 AMENDED	Adopted as amended				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed resolution into the record. Chairman Moss provided a brief overview of the intent of this resolution and expressed concern that the immigration legislation recently enacted in Arizona was inappropriate for Miami-Dade County Florida. He noted a more comprehensive immigration reform was what this community needed. Chairman Moss relinquished the chair to Vice-Chairman Diaz. It was moved by Chairman Moss that the foregoing proposed resolution be adopted. This motion was seconded by Commissioner Jordan, followed by discussion. Commissioner Martinez expressed concern that this legislation supported the illegal entry of immigrants into the United States (U.S.). He noted the act of racial profiling would still exist with or without this proposed law. Commissioner Martinez noted he would not support this resolution. Commissioner Edmonson asked to be listed as a co-sponsor of this resolution. Commissioner Sosa emphasized the need for a system to help immigrants to become legal citizens. She recommended this proposal be amended to incorporate immigration reform and to prevent future violations of immigration laws. Commissioner Sosa pointed out that Arizona S.B. 1070 was prompted by the lack of border patrol by the Federal Government. Chairman Moss accepted Commissioner Sosa’s proposed amendment to include language that provided for individuals to have the opportunity to become law abiding citizens in this country and for immigration reform. County Attorney Cuevas clarified that the proposed amendment would include a call for serious immigration reform and would create a way for people not to violate the law. In response to Commissioner Martinez’ question of whether the amended language provided for amnesty, Commissioner Moss rejected the proposed amendment and reverted to the resolution’s original language. Commissioner Sorenson expressed her support and asked to be listed as a co-sponsor of this proposed resolution. Commissioner Gimenez proposed an amendment urging the U.S. Government to perform its duty and to secure the U.S. borders. Commissioner Seijas concurred with Commissioner Gimenez’ proposed amendment and expressed her support for this item. She recalled events where acts of hate and discrimination had been carried out by law enforcement officials here in this community and other parts of the country. Commissioner Diaz stated that he was proud to be an American and noted his family, as well as other Cubans, were given the opportunity to come to this country without facing immigration laws. He asserted that no County Commissioner supported illegal immigration; however, this Commission did not support racial profiling. Commissioner Diaz expressed his support and asked to be added as a cosponsor of this resolution. Commissioner Sosa noted this seemed a follow-up to the resolution she sponsored in May 2010, rejecting the Arizona law, which this Board adopted by a vote of 12-0. She expressed her support of this resolution with Commissioner Gimenez’ proposed amendment to include language providing for the protection of the boarders. Commissioner Jordan expressed opposition to the Arizona law and noted such legislation placed the worst type of indignity on a person he/she could ever face. She spoke in support of this resolution, stated she was proud to be a co-sponsor, and commended Chairman Moss for bringing this item forward. Chairman Moss accepted Commissioner Gimenez’ proposed amendment to include the issue regarding the borders. He cautioned his colleagues that this issue was a slippery slope and could create negative consequences in this community by drawing the County into this particular national political debate. The Board adopted the forgoing resolution as amended to include language urging the United States government to initiate steps to secure its borders.

Legislative Text

TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE NOT TO PASS IMMIGRATION LEGISLATION SIMILAR TO ARIZONA�S SB 1070

BODY
WHEREAS, during its 2010 session, the Arizona Legislature passed an immigration bill, Senate Bill 1070 as amended by HB 2162 (�SB 1070�); and
WHEREAS, SB 1070 requires immigrants to keep in their possession at all times documents verifying their immigration status and also requires that police officers determine the immigration status of a person during any lawful stop, detention or arrest by a state or local law enforcement official, if there is reasonable suspicion that the person is in the country illegally; and
WHEREAS, while the final version of SB 1070 includes language prohibiting racial profiling, substantial legal and political concerns remained related to enforcement of this new Arizona law; and
WHEREAS, members of the Florida Legislature have indicated their intent to file Arizona-style immigration bills for consideration during the 2011 session of the Florida Legislature; and
WHEREAS, such Arizona-type laws, if adopted in Florida, could prove to be divisive and lead to racial profiling; and
WHEREAS, on Wednesday, July 28, 2010, a federal judge in Arizona blocked the most controversial parts of SB 1070 from taking effect, including provisions of the law that required immigrants to carry an alien registration document at all times; and
WHEREAS, in the Court�s opinion, �there is a substantial likelihood that officers will wrongfully arrest legal residents under the [proposed law,]� United States of America v. State of Arizona, No. CV 10-1413-PHX-SRB, 2010 WL 2926157, at *21 (D.Ariz. July 28, 2010); and
WHEREAS, the Court also stated that �[b]y enforcing [S.B. 1070], Arizona would impose a �distinct, unusual and extraordinary� burden on legal resident aliens that only the federal government has the authority to impose[,]� Id. (internal citation omitted); and
WHEREAS, passage of an Arizona-type immigration law would not only hurt Florida�s economy, but would also be counter to fundamental fairness and deprive many legal residents of their individual rights,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature not to pass an Arizona-type immigration law as set forth in Arizona�s SB 1070, while supporting comprehensive immigration reform, including more secure national borders.
Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County�s state lobbyists to advocate against passage of the legislation identified in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2011 state legislative package.