TITLE
RESOLUTION OPPOSING SB 118, HB 9, OR SIMILAR LEGISLATION THAT WOULD MAKE IT A CRIME UNDER FLORIDA LAW TO REENTER THE STATE AFTER BEING DENIED ADMISSION OR REMOVED FROM THE UNITED STATES OR AFTER DEPARTING THE UNITED STATES WHILE AN ORDER OF REMOVAL IS OUTSTANDING

BODY
WHEREAS, Article I, Section 8, Clause 4 of the United States Constitution grants the federal government the power to establish a uniform Rule of Naturalization; and
WHEREAS, in furtherance of that authority, the federal government has enacted an extensive and comprehensive framework of immigration laws including, but not limited to, criminal penalties for individuals who reenter the United States after (1) being denied admission, excluded, deported, or removed or (2) departing the United States while an order of deportation is outstanding absent certain limited circumstances, such as attaining consent from the United States Attorney General; and
WHEREAS, Senate Bill (SB) 118 and House Bill (HB) 9 have been filed for consideration during the 2016 session of the Florida Legislature by Senator Travis Hutson (R � Palm Coast) and Representative Carlos Trujillo (R - Doral), respectively; and
WHEREAS, the current version of these bills would make it a third degree felony under Florida law for any individual to reenter or be found in the state if he or she has been denied admission, excluded, deported, or removed, or has departed the United States while an order of exclusion, deportation, or removal is outstanding, unless he or she has attained consent from the United State Attorney General to reapply for admission or has established that he or she was not required to obtain advance consent under federal law; and
WHEREAS, this proposed legislation would create a nearly identical prohibition under state law to a prohibition that already exists under federal law, 8 U.S.C. � 1326, and impose a maximum sentence (five years) that is greater than the maximum sentence under federal law (two years); and
WHEREAS, similar efforts by other states have been struck down by the United States Supreme Court as being preempted by federal law; and
WHEREAS, for example, the Supreme Court in Arizona v. United States, 132 S.Ct. 2492 (2012), struck down an Arizona statute that, among other things, added a state-law penalty for conduct already prohibited by federal immigration law, and held that the statute was preempted by federal law because �permitting the State to impose its own penalties for the federal offenses here would conflict with the careful framework Congress adopted�; and
WHEREAS, SB 118 and HB 9 would also unnecessarily devote local resources towards enforcement of matters that are the responsibility of the federal government; and
WHEREAS, the Supreme Court found in Arizona, 132 S.Ct. at 2498, that �it is fundamental that foreign countries [and family members] concerned about the status, safety, and security of their nationals in the United States must be able to confer and communicate on this subject with one national sovereign, not the 50 separate states�; and
WHEREAS, the proposed legislation would enable the state to bring criminal charges against individuals for purportedly violating federal law even when the federal officials charged with enforcing those laws determined that prosecution would frustrate the federal government�s comprehensive immigration policy,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Opposes SB 118, HB 9, or similar legislation that would make it a crime under Florida law to reenter the state after being denied admission or removed from the United States or after departing the United States while an order of removal is outstanding.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, Senator Travis Hutson, Representative Carlos Trujillo and the Chair and remaining Members of the Miami-Dade County State Legislative Delegation.�
Section 3. Directs the County�s state lobbyists to advocate against 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.