Legislative Matter

Miami-Dade Legislative Item
File Number: 132196

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Clerk's Official Copy

File Number: 132196

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1008-13

Control: County Commission

File Name: IMMIGRATION AND CUSTOMS ENFORCEMENT

Introduced: 10/30/2013

Requester: NONE

Cost:

Final Action: 12/3/2013

Agenda Date: 12/3/2013

Agenda Item Number: 11A10

Notes:

Title:

RESOLUTION DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO IMPLEMENT POLICY ON RESPONDING TO DETAINER REQUESTS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT

Indexes:

IMMUNIZATION

Sponsors:	Jean Monestime, Co-Prime Sponsor
	Sally A. Heyman, Co-Prime Sponsor
	Lynda Bell, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Juan C. Zapata, 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	12/3/2013	11A10	Adopted				P
REPORT:	Vice Chair Bell and Commissioners Jordan and Moss asked to be listed as co-sponsors.

Public Safety & Animal Services Committee	11/13/2013	2C	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the forgoing proposed resolution into the record. Chairwoman Heyman relinquished the Chair to Vice Chairman Bovo. Vice Chairman Bovo opened public hearing and the following individuals appeared: Mr. Carlos Martinez, Miami-Dade County Public Defender, appeared before the Committee and provided a brief overview of the foregoing resolution. He noted this was a budgetary item passed by the County Commission to ensure that the County was able to save over $600,000. Mr. Martinez stated that currently the County’s municipalities were no longer required to honor the request to hold individuals who have contravened the immigration laws. He noted Homeland Security’s policy clearly stated that these holds were only requests; however, due to the Federal Government’s failure to reimburse local governments for housing inmates on behalf of Homeland Security, these entities have refused to honor the requests. Mr. Martinez spoke in support of the foregoing resolution, noting he believed that this was a balanced approach which denied these requests if the Federal Government did not commit to fully reimburse the cost to house inmates for Immigration Customs Enforcement (ICE), while simultaneously providing the authority to honor on a limited basis certain detainers on individuals charged with forcible felonies. He described how the process worked and explained that family members were encouraged to not post bonds because the detainee would not be released if there was an ICE hold and the bond money would be lost. He indicated that there were several issues with the ICE holds, as many were determined to be invalid. In addition, he noted, a large number of these ICE holds involved misdemeanor and low-level felony offenses requiring very little supervision or bond. Mr. Martinez stated that the County’s taxpayers were essentially paying the Federal Government for a service that it should be handling. Chairwoman Heyman expressed her appreciation to the Public Defender and noted, for the record, that because of a delay in the process, many of these individuals were still being held. She reiterated Mr. Martinez’ concerns that these individuals were being detained, based on the Federal Government’s ICE hold request, even after a hearing before a judge and pre-trial determination of eligibility for early release. Chairwoman Heyman asked Mr. Martinez to meet with Deputy Mayor Iglesias to discuss the County services and costs related to and impacted by the ICE holds in order to calculate the amount of potential savings to the County. Mr. Jonathan Fried, Executive Director, We Count, 715 NW 9 Court, Homestead, appeared before the Committee and noted he represented the following coalition of organizations in full support of the foregoing resolution: Florida Immigrant Coalition; Service Employees International Union; Americans for Immigrant Justice; Miami Workers Center; American Friends Service Committee; Research Institute on Social and Economic Policy at Florida International University; University of Miami Immigration Law Clinic; Greater Miami Chapter of the American Civil Liberties Union (ACLU). Ms. Jeannette Smith, representing South Florida Interfaith Worker Justice, 150 SW 13 Avenue, appeared before the Committee and spoke in support of the foregoing resolution. Seeing no other persons to appear wishing to be heard, Vice-Chairman Bovo closed the public hearing. There being no further questions or comments, the Committee proceeded to vote on the foregoing resolution, as presented. Commissioner Edmonson asked to be listed as Co-Sponsor of this resolution.

Office of the Chairperson	11/7/2013		Additions

County Attorney	10/30/2013		Assigned	Ben Simon		10/30/2013

County Attorney	10/30/2013		Referred	Public Safety & Animal Services Committee	11/13/2013

Legislative Text

TITLE
RESOLUTION DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO IMPLEMENT POLICY ON RESPONDING TO DETAINER REQUESTS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT

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 Miami-Dade Corrections and Rehabilitations Department; and
WHEREAS, Immigration and Customs Enforcement Detainers are issued to Miami-Dade Corrections and Rehabilitation requesting that the County hold the inmate until Immigration and Customs Enforcement can assume custody of the inmate, up to forty-eight (48) hours after the inmate�s local charges have resolved; and
WHEREAS, Miami-Dade County has previously honored all such Immigration and Customs Enforcement Detainers regardless of the charges or reasons for the Detainer requests; and
WHEREAS, Immigration and Customs Enforcement issued 3,262 Detainers to Miami-Dade Corrections and Rehabilitation Department in 2011; and
WHEREAS, 57 percent of the Detainers issued by Immigration and Customs Enforcement to Miami-Dade Corrections and Rehabilitation Department in 2011 involved inmates not charged with felonies; and
WHEREAS, compliance with Immigration and Customs Enforcement Detainers cost the taxpayers of Miami-Dade County $1,002,700 in 2011; and
WHEREAS, Immigration and Customs Enforcement issued 2,499 Detainers to Miami-Dade Corrections and Rehabilitation Department in 2012; and
WHEREAS, 61 percent of the Detainers issued by Immigration and Customs Enforcement to Miami-Dade Corrections and Rehabilitation Department in 2012 involved inmates not charged with felonies; and
WHEREAS, compliance with Immigration and Customs Enforcement Detainers cost the taxpayers of Miami-Dade County $667,076 in 2012; and
WHEREAS, the federal government does not directly reimburse Miami-Dade County for costs of compliance with Immigration and Customs Enforcement Detainers; and
WHEREAS, a record 409,849 people were deported from the United States during the fiscal year ending 2012; and
WHEREAS, nearly a quarter of the total deportations between July 2010 and the end of September 2012 involved parents of children who are United States citizens; and
�WHEREAS, the County Attorney has recently opined that Immigration and Customs Enforcement Detainers are merely requests which may be declined by Miami-Dade County (a copy of which is attached hereto); and
WHEREAS, many municipalities and counties around the country, including New York City, the City of Los Angeles, the City of Chicago, and Washington, D.C., have implemented policies establishing criteria to determine whether and under what circumstances Immigration and Customs Enforcement Detainers will be honored; and
WHEREAS, a policy of blanket compliance with Immigration and Customs Enforcement Detainers could undermine trust between local police officers and the immigrant community of Miami-Dade County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Mayor or Mayor�s designee is directed to implement a policy whereby Miami-Dade Corrections and Rehabilitations Department may, in its discretion, honor detainer requests issued by United States Immigration and Customs Enforcement only if the federal government agrees in writing to reimburse Miami-Dade County for any and all costs relating to compliance with such detainer requests and 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 the inmate that is the subject of such a request has, at the time the Miami-Dade Corrections and Rehabilitations 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.