Legislative Matter

Miami-Dade Legislative Item
File Number: 170727

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Clerk's Official Copy

File Number: 170727

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-381-17

Control: County Commission

File Name: IMMIGRATION ICE DETAINERS PROBABLE CAUSE

Introduced: 3/20/2017

Requester: NONE

Cost:

Final Action: 4/4/2017

Agenda Date: 4/4/2017

Agenda Item Number: 11A2

Notes:

Title:

RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PROVIDE A REPORT TO THE BOARD WITHIN 45 DAYS IDENTIFYING PRACTICES AND PROCEDURES OF THE MIAMI-DADE POLICE DEPARTMENT THAT RELATE TO IMMIGRATION AND IMMIGRANT COMMUNITIES AND PROVIDING RECOMMENDATIONS TO ENSURE MIAMI-DADE POLICE DEPARTMENT OFFICERS ARE NOT PERFORMING FEDERAL IMMIGRATION DUTIES; FURTHER DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO NOTIFY THE BOARD IF MIAMI-DADE COUNTY IS ASKED TO ENTER INTO ANY AGREEMENT WITH THE FEDERAL GOVERNMENT PURSUANT TO SECTION 287(G) OF THE INA [SEE ORIGINAL ITEM UNDER FILE NO. 170671]

Indexes:

IMMIGRATION

Sponsors:	Daniella Levine Cava, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Jean Monestime, 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	4/4/2017	11A2	Adopted				P
REPORT:	Vice Chairwoman Edmonson and Commissioner Monestime requested to be added as co-sponsors.

County Attorney	3/20/2017		Assigned	Anita Viciana Zapata	3/20/2017

Public Safety and Health Committee	3/15/2017	2A Substitute Amended	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Gerald Sanchez read the title of the foregoing proposed resolution into the record. Chairwoman Heyman opened the floor for comments on the foregoing proposed resolution. Ms. Maria Rodriguez, 2800 Biscayne Blvd Miami, Florida 33137, appeared before the Committee in support of the foregoing proposed resolution. She expressed her disappointment with the action taken by the Commissioners regarding the detainer legislation, and highlighted a few issues related to the police collaboration with immigration. Ms. Rodriguez urged the Commission to consider a previous amendment that focused only on forcible felonies and non-bondable offenses; and to reinstate individuals driving without a license and other minor offenses, to receive citations and not be turned over to Immigration and Customs Enforcement (ICE). Chairwoman Heyman explained to Ms. Rodriguez that it was not permitted to refer to any Board of County Commissioners’ (Board) members individually; and asked that Ms. Rodriguez only address the agenda item. Ms. Dion Alarcon, 8325 NE 2nd Ave Miami, Florida 33138, appeared before the Committee in connection with the foregoing proposed resolution. She Alarcon expressed concern that individuals who were arrested and detained were exposing themselves to immigration charges. Ms. Alarcon urged that whenever an individual was detained, the police officer use his or her discretion to allow the individual to pay a citation; and determine that the individual was not dangerous. She added that taking the individual to jail would result in deportation and family separation. Ms. Cynthia Hernandez, 19500 Bel Air Dr. Cutler Bay, Florida 33157, appeared before the Committee in connection with the foregoing proposed resolution. She indicated that many did not support the decision made at the Board of County Commissioners’ (BCC) meeting on February 17, 2017, to rescind the 2013 resolution. She however, thanked Commissioners Levine Cava and Diaz for their continuing support to codify and create policies to ensure that local police officers did not become immigration officers. She added that she looked forward to supporting such resolution and legislation; and expressed her desire that Commissioners Levine Cava and Diaz would work together to win back the support of the public, and also to win back accountability. Mr. Juan Cuba, 165 Ponce De Leon Blvd Coral Gables Florida, 33134, appeared before the Committee in connection with the foregoing proposed resolution. Mr. Cuba mentioned he was the Chair of Miami Dade Democratic Party, and thanked Commissioner Levine Cava for sponsoring the proposed resolution, as it remained a necessary step. He said February 17, 2017 was a disappointing day as the Commission capitulated to the (ICE) Detainer Request; however, many of the commissioners made a commitment to the community that law enforcement officers would not be deputized as immigration agents. Mr. Cuba noted one of the Commissioners quoted the Mayor stating: “I’m going to follow up I had already requested legislation to make sure the words you have stated would be set into policy” He pointed out that he believed the Mayor’s quote was important because the community was confused and still living in fear from the implication of the February 17th votes. Mr. Cuba said more was needed to win back the community’s trust, and it was the Commission’s responsibility to relieve the Community fears. Mr. Cuba urged the Committee to create a stronger resolution that stated the specific point he mentioned. Mr. Carlos Odis, 31 SE 5th Street Apt. 2602, Miami, Florida, 33131, appeared before the Committee in support of the foregoing proposed resolution; and thanked the Committee for the considering this . He said he believed the reporting was critically necessary, and questioned whether it was enough to regain the public’s trust. Mr. Odis added that community policing was a necessary function to the County. He also questioned whether Miami Dade County would enter into a 287(g) Agreement with the Department of Homeland Security. Mr. Odis pointed out the Mayor had stated on countless occasions at the special hearing that Miami-Dade County Police officers would not act as Enforcement Agents or enter into a Memorandum of Understanding (MOU) with the Federal Government. He recalled a Commissioner’s comment that if the County would not enter into 287(g) Agreement with the Federal Government, then the Commission should vote on it and make it a policy. Mr. Odis said Commissioners should make their position clear to Constituents; and urged the Commission to decide whether the proposed resolution was policy or not. Ms. Alana Greer, 3000 Biscayne Blvd Suite 106 Miami, Florida 33137, appeared before the Committee in support of the foregoing proposed resolution. She said while the report being proposed was necessary, it was not sufficient enough to calm the fears of the community. She noted currently Miami-Dade County was under a local, national, and international microscope, because of the actions taken in the past few weeks. Ms. Greer indicated that it was imperative to step up as a community for immigrants, family members, and neighbors. She said the report was a positive step in understanding the Police Department’s policies; and more was needed not to commit or enter into codified Ms. Greer noted the Commission not only needed to propose policies, but also practices and reality that would be developed. Mr. Jonathan Fried, 715 N.W. 9TH Court Homestead, Florida 33030, appeared before the Committee in support of the foregoing proposed resolution. He expressed the importance of understanding the context and significance of this issue in the community. Mr. Fried added the context was a blueprint for massive deportation that involved the increase of the Federal Government’s entanglement with the criminal justice system and local law enforcement. He raised concerns about the Executive Order’s requirement, such as, the increase of agents, immigration judges, prosecutors and bed(s) in the detention centers. Mr. Fried said the community’s fear was justifiable because such practices of reinstituting the secure communities program where detainers were sent to local jails eliminated deportation priorities. He added criminal convictions of any sort constituted chargeable offenses were included as a priority. Mr. Fried noted he supported the proposed resolution because it was vital to understand the policies and practices of Miami-Dade Police Department (MDPD); and the community needed to be aware of the existing Memorandum of Understanding (MOU); the MDPD’s role with ICE agents, in terms of traffic stops; and whether police officers accompanied (ICE) agents or did the officers invite (ICE) agents etc. Mr. David McDougal, 4231 N.W. 11TH Place Miami, Florida 33127 appeared before the Committee in connection with the foregoing proposed resolution. He thanked Commissioner Levine Cava for the proposed resolution and agreed that the report was necessary. Mr. McDougal spoke of the special meeting held on February 17, 2017 where 134 speakers spoke on the matter and 95 percent of the speakers opposed the Executive Order from the current Administration; yet the Commission voted in favor of the Executive Order. He noted that he appreciated the statements made by the Commissioners to assure the community there was no need to worry; and he also appreciated the Mayor’s efforts by going to different television outlets concerning the matter. Mr. McDougal expressed the need to have a clear written policy in place in order to move forward since this was a very scary time. Ms. Ruth Moreno, 6520 N.W. 114TH Ave Miami, Florida 33178, appeared before the Committee in support of the foregoing proposed resolution. She noted she was in favor of the report brought forth by Commissioner Levine Cava because it was absolutely necessary. Ms. Moreno said; however, the report was not enough; and statements made by the Mayor and Commissioners should be codified for the community’s protection and peace of mind. She added that the community deserved to feel safe and protected by local police officers despite their legal status in this country. Ms. Moreno said she believed it was absolutely necessary. Ms. Maria Mejia, 143 S.W. 9th Street Miami, Florida 33130, appeared before the Committee in connection with the foregoing proposed resolution. She indicated that she lived nearby, and some of her neighbors were in fear following the Mayors statement that Miami Dade County was no longer a sanctuary city, subsequent to which the Mayor stated he would not collaborate with the police, which confused the situation. Ms. Mejia said because they were currently informed about the current driving privileges, they were exposed to being stopped by the police and could be held in jail for 48 hours. She indicated it was very important to clarify the Mayor’s statement regarding no collaboration. Ms. Mejia requested the Commission use the same clarification as it related to collaboration with immigration officers. Ms. Renita Holmes, 350 N.W. 4st Street Miami, Florida, appeared before the Committee in connection with the foregoing proposed resolution. She expressed the need for more clarification regarding the task force. Ms. Holmes said quite often mothers were detained because they had domestic violence offenses; and were also victims of domestic violence, sexual assault etc. She pointed out in many cases the women were sent back to their country separating them from their children. Ms. Holmes noted this happened due to a lack of oversight and policing. She said further clarification was needed as it would potentially impact federal funding; and as the immigrant population increased a proactive approach would be needed. Mr. Aaron McKinney, Office of Commissioner Jordan, stated Commissioner Jordan was unable to attend the Committee meeting due to a conflict schedule; however, she asked to be listed as a co-sponsor on the foregoing proposed resolution. There being no other persons wishing to appear before the committee, the public hearing was closed by Chairwoman Heyman. Commissioner Diaz acknowledged the statements made by the public; however, he stated there were several rules, regulations, and policies set in place for the Commission to abide by. He said the public needed to understand what the process entailed; and he explained when one Commissioner developed legislation, another Commissioner was not permitted to intervene with that legislation. Commissioner Diaz added the process was advised by the County Attorneys, and he inquired whether his explanation was correct. Assistant County Attorney Michael Valdes confirmed Commissioner Diaz’ explanation was correct. Commissioner Diaz said he stood by his statement; however, he explained that Commissioner Levine Cava had initially developed the legislation. He added that he and Commissioner Levine Cava were expected to meet in a Sunshine meeting to further discuss the matter; however, it did not take place. Commissioner Diaz indicated additional information of the police report was needed, which Mr. Juan J. Perez, Director of Miami Dade Police Department, would provide the Committee. . He noted that he was in full support of the foregoing proposed resolution; however, he clarified that he and County Mayor Carlos Gimenez, did not waive their statements made at the special meeting. Commissioner Diaz noted that he believed the 287 Agreement was required. Pursuant to Commissioner Diaz’ question regarding whether the 287Agreement had to come before the Board of County Commissioners (Board), before any decisions were made by the Administration, Assistant County Attorney Valdes noted if the agreement was long term it would have to come before the Board prior to any action being taken; however, if the agreement was short term it could be entered and subject to ratification by the Board. In response to Commissioner Diaz’s question as to whether the Mayor had the authority to act without the Board members on a short term agreement, Assistant County Attorney Valdes indicated the Board could set policies that would guide and direct the Mayor on how the agreements could be entered; however, if the policy was absent, the Mayor would have the authority to enter into a short term agreement that was subject to the Board’s ratification, and also if the Board rejected the agreement it would then be voided. Commissioner Diaz noted that he would place a hold on the matter. Commissioner Levine Cava stated that it might be a friendly amendment. Commissioner Diaz noted the issue in the report was the scenarios which needed a broad outlook. He questioned whether other departments were involved in the matter; and whether Commissioner Levine Cava could add different department’s involvement in the report. In response to Commissioner Levine Cava’s request for clarification, Commissioner Diaz explained that he wanted information on whether other departments such as Aviation, had an MOU with immigration, and what other connections the different departments hade with immigration. He expressed the importance and the clarity of having such information a part of the report, because the Commissioner did not know the extent of the matter. Commissioner Diaz said under no circumstances was Miami-Dade law enforcement acting or becoming as immigration agents, which was made clear at the previous meeting. He pointed out the Administration was not aware of the details of the matter; however, when the report came out it would determine whether there were any department(s) and employee situations at the request of immigration. Commissioner Diaz added the situation may not concern just the police officers, but the intent use of qualifying round ups. He asked that different departments and employee(s) involvement with immigration reflect as a friendly amendment. Commissioner Levine Cava thanked Commissioner Diaz for addressing his concerns; however, she noted her belief that it was outside the scope of the current proposed legislation. Commissioner Levine Cava stated that she would be happy to work with Commissioner Diaz to support exploration of other department’s involvement. However, she expressed that as she was unaware of the extent of the departments’ involvements; a separate legislation would be required. Commissioner Diaz asked that a separate legislation be developed under his sponsorship. Commissioner Diaz said he believed the need for a separate legislation was ideal since the Board and the public needed to know the intent of the matter. He noted he and Mayor Gimenez would not turn back on their word, and added that a complete understanding was required. Commissioner Diaz asked that Deputy Mayor Benford provide him with a separate legislation at the next meeting. Chairwoman Heyman spoke in support of the foregoing proposed resolution, and expressed her desire that it would be adopted unanimously when considered by the Board. She pointed out an item could only be sponsored by one commissioner. Chairwoman Heyman said the statements made by the public displayed an element of fear which needed to be diminished by education; and the Committee’s actions must produce clarity and facts. She commented on the proposed resolution’s intent; and the direction to the County Mayor or Mayor’s designee to work with the Miami-Dade Police Department regarding their existing practices and procedures; and to provide a report to the Board. Chairwoman Heyman noted the education component on identifying MDPD’s practices and procedures would be addressed in a comprehensive level of facts for the community; and indicated the report would reduce the fears and uncertainty of the general public. She asked to be listed as a co-sponsor of the foregoing proposed resolution. Chairwoman Heyman referenced statements that were made by individuals who questioned her decision at the February 17, 2017 Special Board meeting. She explained the actions or Executive Order of the Federal Government was superseding; and could be challenged if it was unconstitutional; however, the public needed to be aware of the governing law that the Board adopted on February 17, 2017; as it remained fully compliant with the United States Constitution applicable by Federal Laws. Chairwoman Heyman said the public needed to reject the title “Sanctuary City” because Miami-Dade County had never been considered a “Sanctuary City” by resolution or ordinance; and the label had no clear definition, and would impact the County’s funding and policy. Chairwoman Heyman said the funding equated to a number of services, such as Community Development Block Grant Program (CDBG), Affordable Housing, Center for Disease Control (CDC) for Zika, Health care at Jackson, and Education; and no one questioned individuals who acquired those services. She advised those services pertained to the quality of life regardless of someone’s patriotism, citizenship, and immigration status. Chairwoman Heyman emphasized the Committee’s intent was to obtain clarity on whether municipal law enforcement had standing operating procedures to determine someone’s immigration status when they were arrested. She stressed under no circumstance was that ever a practice of law enforcement in Miami-Dade County; Special Item 1 Substitute on February 17, 2017, would also not be considered as a practice; and Mayor Gimenez would not support any language or the 287(g) Agreement. Commissioner Heyman assured constituents concerned about the immigration detainer and deportation, that unless a crime had been committed with probable cause, the Florida Department of Law Enforcement’s (FDLE), National Crime Information Center (NCIC) would advise Immigration and Customs Enforcement (ICE) if an immigration issue existed; however, law abiding individuals had nothing to fear. She noted law abiding constituents should feel comfortable at school, work, and receiving medical assistance etc. through Miami-Dade County, while continuing to be a part of the County’s immigration population and family. Commissioner Levine- Cava thanked Chairwoman Heyman and Commissioner Diaz for sharing their commitment and thoughts on the matter. She also thanked members of the public for speaking on their own behalf, and on behalf of the residents. Commissioner Levine Cava acknowledged that the community was dominated in population by immigrants, subsequently making Miami-Dade County the first community in the country with the majority of immigrants. She said 60 percent of the immigrants were not legally in the country, by overstaying their visa, crossing the border, and even those who may be documented; were living in fear. Commissioner Levine Cava added that fear also struck those who were legal permanent residents, which was subjecting them to possible detention, or deportation for violation of minor driving infraction(s); as described by Ms. Mejia. She said these individuals were part of the local economy as taxpayers, and yet, they feared being stopped for minor traffic infractions, and suddenly being caught up in the immigration system. Commissioner Levine Cava indicated it was critical for the Board to assure the community that it was not their intention to subject residents to deportation for minor infractions, or routine traffic stops. She said the issue was significant, because it was drawing national and international attention, as to how the County would combat the matter. Commissioner Levine Cava indicated Mr. Juan Perez, Director, MDPD, expressed support of the foregoing proposed resolution. She said Mr. Perez conducted a number of speaking engagements on television and radio to express his commitment, by not allowing law enforcement officers to become immigration agents. Commissioner Levine Cava stated Mayor Carlos Gimenez also committed on record not to allow law enforcement officers to act as immigration agents. She said she attempted to present the matter on the February 17, 2017 agenda; however, she was told it was not the proper time, because the Board was addressing the President’s Executive Order; therefore, she brought the matter separately. Commissioner Levine Cava noted she discussed with Mr. Perez how the MDPD implemented their policies; and learned that many police policies were in place that addressed the issue. She said Mr. Perez suggested the development of a detailed report, reflecting existing police and legal directives from the police department; to ensure they were in conformance with his intentions. Commissioner Levine Cava noted she was reassured by Mr. Perez’ suggestion, and Mayor Gimenez’ statements; and she observed that it would require a lot to reassure the public living in a time of insecurity; especially after hearing the public statements. Commissioner Levine Cava indicated that she had some suggestions in addition to a proposed amendment. Pursuant to Commissioner Levine Cava’s question regarding an explanation of what the report entailed and why would it be important to know the internal policies; Mr. Perez thanked the public for addressing their concerns and fears about the immigration policies, along with Commissioner Levine Cava. He said the reports had a number of policies and bulletins, which reflected legal and policy notes that were different in areas of the manual. Mr. Perez indicated he would be consolidating the documents into one, by reestablishing the documents in the department(s) to become available not only for himself, but for also the future Director. He added the policies would be long-term policies for the future. Mr. Perez reassured the public that under his leadership in the Miami-Dade Police Department, they would not be conducting day-to-day immigration status or detainers of any sort. Mr. Perez said as a law enforcement agency, policies established by the Federal Government were just policies and not laws established by legislation. Mr. Perez explained MDPD enforced legislation created by the Commission and the State; however, if the Federal Government needed assistance when a federal law was being violated, the department would then address those matters. He added anything deemed by the courts as civil detainers or immigration status of the convoluted process was considered policies and not law; therefore, MDPD would not engage in that matter. Mr. Perez expressed his and the Mayor’s commitment to continue their stance; and noted Deputy Mayor Russell Benford, along with the Board, was also committed to the matter. He assured the Committee members he would provide them with a report that clarified the policies from the past, and would reestablish the policies by re-engaging the law enforcement community; so that everyone would know the policies and follow suit. Commissioner Levine Cava recalled that when she last spoke to Mr. Perez, she thought the idea of a report was extremely critical. She noted the report was better than having the policy, because it allowed the Board to understand the details of how the policies were implemented. Commissioner Levine Cava stated she would like to include in the legislation, that the Board be notified if the County was asked to enter into a 287(g) Agreement and Memorandum of Understanding (MOU) Agreement to prevent it from becoming an automatic short term agreement. Mr. Perez said that he would add any agreements to the policy, such as the 287(g) Agreement; and it would be presented to the Board as mentioned by Assistant County Attorney Valdes. Commissioner Levine Cava indicated that she would like to reserve the right once the report was disclosed to revisit the issue if she felt a stronger policy was needed. Mr. Perez said Commissioner Levine Cava did not need permission from him to reserve the right to revisit the issue; however, Commissioner Levine Cava noted she asked to reserve her right to revisit the issue to make a point. Chairwoman Heyman suggested the report come back to the Committee in June or July. Discussion ensued between Commissioners Diaz and Levine Cava regarding the 60 day report. Commissioner Levine Cava requested the report be waived to the full Board Agenda, and urged Mr. Perez to work with Mayor Gimenez to prevent any delays in releasing the report. Chairwoman Heyman indicated that she had no problem waiving the item, however, 60 days was needed to review the report before it came back to the Committee. Following discussion between Commissioner Levine Cava and Chairwoman Heyman regarding consideration of the report by the Committee and the Board, Mr. Perez said he would try to provide the report in a timely manner to the Committee before the 60 days. He noted once the report was approved by the Board, he would begin working on expediting the matter. Commissioner Levine Cava clarified she would request the report be waived to the March 21, 2017 BCC Agenda; and the language added would be to notify the Board if the County was asked to enter into a 287(g) Agreement. She further clarified that she was reserving the right to revisit the issue by reviewing the report as to its sufficiency, and whether the report needed to be strengthened to provide greater assurance to the community. Chairwoman Heyman reiterated the report would come back to the Committee because it was established in that manner. She said as a sitting member, Commissioner Levine Cava would have the report and would not have to reserve the right to revisit the issue. Chairwoman Heyman noted the intent of bringing the report back to the Committee, was to allow the committee members an opportunity to request an amendment with sufficient time. Commissioner Levine Cava said the Board had two months from March 21, 2017, and a portion of this timeframe would include Wednesday May 10, 2017, which made it less than 60 days. She inquired whether the language could be amended to require the report be provided in 45 days, to allow Committee review of the report in May, and potential review by the Board in June, 2017. Commissioner Diaz voiced his concerns that Commissioner Levine Cava was rushing the report without clarity. He noted he understood that Commissioner Levine Cava wanted to address the issue quickly; however, he believed the legislation would be presented as a public hearing, just as Chairwoman Heyman explained. Commissioner Diaz said everything that pertained to the immigration system in the County should also be in the report. He indicated that additional information would be needed to prepare the report as legal policy, and rushing the report could have an adverse effect; and all sides of the issue must be explored. Commissioner Levine Cava stated the foregoing proposed resolution only pertained to the police department; however, if Commissioner Diaz decided to sponsor legislation regarding other departments, she would be supportive of such legislation. She said Mr. Perez confirmed that he would able to provide the report in 45 days Commissioner Levine Cava requested the foregoing proposed resolution be amended to require the report be moved from 60 days to 45 days; and to be notified if the County was asked to enter into a 287(g) Agreement, given the importance of the issue to the community. Pursuant to Chairwoman Heyman’s question as to whether the report would be provided in sufficient time to the Committee; Mr. Perez confirmed the timing would be sufficient; however, if it was not, he would notify the Committee in advance, and provide the information he consolidated at that time. Assistant County Attorney Valdes confirmed the report would not return to the Committee; and would return to the Board once it was completed. Chairwoman Heyman noted due to Commissioner Levine Cava’s statement to reserve the right to revisit the issue; she wanted the report to come before the Committee before the Board’s recess session. Chairwoman Heyman inquired whether the report could return to the Committee before the report was distributed to the Board members. Commissioner Levine Cava stated that she did not believe it was necessary to revisit the issue at the Committee, and wanted the report to be forwarded to the Board meeting. Chairwoman Heyman agreed to Commissioner Levine Cava’s request. In response to Deputy Mayor Russell Benford’s request for clarification, Chairwoman Heyman confirmed the report would be forwarded to the Board meeting. She expressed concerns about Commissioner Levine Cava’s statement to reserve the right the revisit the issue, to allow the public the opportunity to speak on this matter. However, she noted she concurred with the report being forwarded to the Board. Deputy Mayor Benford pointed out the report would be transmitted via email to all Board members once it was completed; and the report would also be on the Agenda. He noted he would try to provide that information as soon as possible. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as amended. Chairwoman Heyman had given information about the Civil Citation Program in Miami-Dade County that involved giving individuals a ticket instead of an arrest record. Chairwoman Heyman noted on April 20, 2017, Miami-Dade Public Defender’s office in partnership with the Clerk of Courts and her office at the North East Dade Aventura Public Library would be conducting an expungement of criminal records for a fee of $60.00 to help those reinstate their voting rights etc.

Legislative Text

TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE A REPORT TO THE BOARD WITHIN 45 DAYS IDENTIFYING PRACTICES AND PROCEDURES OF THE MIAMI-DADE POLICE DEPARTMENT THAT RELATE TO IMMIGRATION AND IMMIGRANT COMMUNITIES AND PROVIDING RECOMMENDATIONS TO ENSURE MIAMI-DADE POLICE DEPARTMENT OFFICERS ARE NOT PERFORMING FEDERAL IMMIGRATION DUTIES; FURTHER DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO NOTIFY THE BOARD IF MIAMI-DADE COUNTY IS ASKED TO ENTER INTO ANY AGREEMENT WITH THE FEDERAL GOVERNMENT PURSUANT TO SECTION 287(G) OF THE INA

BODY
WHEREAS, on January 25, 2017, President Donald J. Trump signed an Executive Order entitled, �Enhancing Public Safety in the Interior of the United States� (the �Executive Order�); and
WHEREAS, the Executive Order directs the Secretary of Homeland Security to �take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize state and local law enforcement officials . . . to perform the functions of immigration officers�; and
WHEREAS, authorizing local law enforcement to perform the functions of immigration officers may undermine the trust between local law enforcement and the immigrant community of Miami-Dade County; and
WHEREAS, this Board is committed to preserving the trust between local law enforcement and the County�s immigrant community; and
WHEREAS, Miami-Dade County is safer when all residents, including undocumented immigrants, feel safe reporting crimes and interacting with local law enforcement; and
WHEREAS, the Executive Order notes any agreements between the Secretary of Homeland Security and local law enforcement to perform the functions of immigration officers shall be entered into �with the consent of state or local officials�; and
WHEREAS, the County Mayor and the Miami-Dade Police Department have publicly affirmed that Miami-Dade Police Department officers will not be performing the functions of immigration officers in Miami-Dade County; and
WHEREAS, this Board agrees with this position, and seeks a better understanding of how the administration will ensure that Miami-Dade Police Department officers are not performing federal immigration duties,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board, in order to ensure a continuing commitment to the safety and security of the general public, directs the County Mayor or County Mayor�s designee to review the Miami-Dade Police Department�s practices and procedures that relate to immigration and immigrant communities and provide a report to this Board within [[60]]1 >>45<< days identifying and describing said Miami-Dade Police Department practices and procedures as well as providing any recommendations to ensure that a separation of duties between Miami-Dade Police Department officers and federal immigration officers is preserved and that Miami-Dade Police Department officers are not performing federal immigration duties. Such report shall be placed on an agenda of the Board pursuant to Ordinance 14-65. >>This Board further directs the County Mayor or County Mayor�s designee to notify this Board if Miami-Dade County is asked to enter into any agreement with the federal government pursuant to Section 287(g) of the INA.<<

1 Committee amendments are indicated as follows: Words stricken through and/or [[double bracketed]] are deleted, words underscored and/or >>double arrowed<< are added.