Miami-Dade Legislative Item
File Number: 170365
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File Number: 170365 File Type: Resolution Status: Withdrawn
Version: 0 Reference: Control: Board of County Commissioners
File Name: IMMIGRATION DETAINER REQUESTS; SANCTUARY JURISDICTION Introduced: 2/13/2017
Requester: NONE Cost: Final Action:
Agenda Date: 2/17/2017 Agenda Item Number:
Notes: SEE 170440 FOR FINAL VERSION AS ADOPTED. ALSO SEE 170419. SPECIAL ITEM NO.1 (N/C WAIVER) Title: RESOLUTION RELATED TO IMMIGRATION DETAINER REQUESTS; REAFFIRMING THAT MIAMI-DADE COUNTY REMAINS FULLY COMPLIANT WITH THE UNITED STATES CONSTITUTION AND ALL APPLICABLE FEDERAL LAWS; AMENDING RESOLUTION NO. R-1008-13 TO ENSURE THAT MIAMI-DADE COUNTY IS COOPERATING WITH UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT TO THE EXTENT PERMISSIBLE BY LAW AND IS NOT DEEMED INELIGIBLE FOR FEDERAL GRANTS AND FUNDING PURSUANT TO A RECENT EXECUTIVE ORDER; REJECTING LABEL OR DESIGNATION AS A “SANCTUARY JURISDICTION”
Indexes: IMMIGRATION
Sponsors: Sally A. Heyman, Prime Sponsor
  Esteban L. Bovo, Jr., 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Board of County Commissioners 2/17/2017 Special Item No. 1 Withdrawn

County Attorney 2/13/2017 Assigned Anita Viciana Zapata 2/13/2017

Legislative Text


TITLE
RESOLUTION RELATED TO IMMIGRATION DETAINER REQUESTS; REAFFIRMING THAT MIAMI-DADE COUNTY REMAINS FULLY COMPLIANT WITH THE UNITED STATES CONSTITUTION AND ALL APPLICABLE FEDERAL LAWS; AMENDING RESOLUTION NO. R-1008-13 TO ENSURE THAT MIAMI-DADE COUNTY IS COOPERATING WITH UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT TO THE EXTENT PERMISSIBLE BY LAW AND IS NOT DEEMED INELIGIBLE FOR FEDERAL GRANTS AND FUNDING PURSUANT TO A RECENT EXECUTIVE ORDER; REJECTING LABEL OR DESIGNATION AS A �SANCTUARY JURISDICTION�

BODY
WHEREAS, the United States Department of Homeland Security, Immigration and Customs Enforcement (�ICE�) issues immigration detainer requests to local criminal justice agencies, including the Miami-Dade County Corrections and Rehabilitation Department, to hold inmates for an additional period of time beyond when they would normally be released, usually 48 hours, not including weekends and holidays; and
WHEREAS, the federal government does not reimburse local criminal justice agencies for the cost of compliance with such ICE detainer requests, leaving local taxpayers to incur this cost; and
WHEREAS, on December 3, 2013, this Board adopted Resolution No. R-1008-13, which directed the Mayor or Mayor�s designee to implement a policy whereby an ICE detainer request would be honored only if the federal government agreed to reimburse Miami-Dade County for the costs of detention and the inmate that is the subject of the request has a previous conviction for a forcible felony or has a pending charge of a non-bondable offense; and
WHEREAS, the intent of Resolution No. R-1008-13 was to save Miami-Dade County taxpayers the cost of detaining non-violent inmates beyond the point at which they would be released absent an ICE detainer request; and
WHEREAS, on January 25, 2017, President Donald J. Trump signed an Executive Order entitled Enhancing Public Safety in the Interior of the United States (�Executive Order�); and
WHEREAS, the Executive Order provides that jurisdictions that willfully refuse to comply with 8 U.S.C. � 1373 will be designated as �sanctuary jurisdictions� and will not be eligible to receive federal grants, except as deemed necessary for law enforcement purposes; and
WHEREAS, Miami-Dade County currently receives hundreds of millions of dollars in federal grants and funding, in a wide range of areas, including but not limited to funding for Miami-Dade County�s Public Health Trust, transportation and road systems, Miami International Airport, Port of Miami, environmental protection, housing, education, economic development and Centers for Disease Control for combating Zika; and
WHEREAS, Miami-Dade County has plans to apply for federal funding in an amount exceeding $3 billion for transportation needs; and
WHEREAS, 8 U.S.C. � 1373 provides that a local governmental entity or official may not prohibit, or in any way restrict, any governmental entity or official from sending to, or receiving from, ICE information regarding the citizenship or immigration status, lawful or unlawful, of any individual; and
WHEREAS, Miami-Dade County fully complies with 8 U.S.C. � 1373; and


WHEREAS, in fact, the Miami-Dade County Corrections and Rehabilitation Department has for many years cooperated and shared information and continues to cooperate and share information with federal and state agencies at booking and release for individuals in custody in compliance with 8 U.S.C. � 1373; and
WHEREAS, the terms �sanctuary jurisdiction�, �sanctuary city� and �sanctuary county� are not legally defined terms in federal or state law; and
WHEREAS, Miami-Dade County has never labeled itself or considered itself a �sanctuary jurisdiction�, �sanctuary city�, or �sanctuary county�; and
WHEREAS, Miami-Dade County will continue to comply with the United States Constitution; and
WHEREAS, Miami-Dade County remains committed to promoting the trust between local police officers and the immigrant community of Miami-Dade County; and
WHEREAS, the fundamental rights of all humans should be protected,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Reaffirms its position that, with respect to immigration detainer requests, Miami-Dade County remains fully compliant with the United States Constitution and all applicable federal laws.
Section 2. Amends Resolution No. R-1008-13 to direct the Mayor or Mayor�s designee to ensure that, related to immigration detainer requests, Miami-Dade County:
1. remains fully compliant with all applicable federal laws and the United States Constitution;


2. is cooperating with the federal government to the extent permissible by law;
3. rejects any label or designation as a �sanctuary jurisdiction� pursuant to the recent Executive Order; and
4. protects the taxpayers of Miami-Dade County from any actions to render the County ineligible for current or future federal funding.
Section 3. Rejects any label or designation of Miami-Dade County as a �sanctuary jurisdiction�, �sanctuary city�, or �sanctuary county� when there is no black letter law or Webster�s definition of such terms and when such label or designation will likely result in adverse consequences to the people of Miami-Dade County.
Section 4. Remains committed to the position that all fundamental human rights should be protected.



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