TALHASSEE – The Miami-Dade County city has become the first city to surrender Gov. Ron DeSantis and the Florida Attorney General on a legal challenge that allows local governments to determine whether they need to be trained to train police officers to perform the duties of federal immigration agents in their communities.
On Thursday night, South Miami asked a state judge to consider whether the city should register for the Immigration Customs Enforcement Program, known as 287(g).
The lawsuit argues that court intervention is necessary as police are facing political pressure from the governor, despite the city’s belief that the city is limited to county agencies that oversee prisons. South Miami has already worked with federal immigration authorities, claiming that participation in the program could put it liability and force its officers to not pay too much attention to key police duties.
“Governor Desantis and Attorney General James Uthmeier actually threatened to use enforcement powers over local governments and local governments to force the municipality to enforce the 287(g) contract,” the complaint states.
Several times this month, Desantis and Uthmeier have increased the likelihood that local elected officials will be removed from their duties if they choose not to participate in the federal immigration enforcement program. Uthmeier said preventing local police from getting training under the program is a violation of the ban on Florida sanctuary cities.
“Everyone in the local government should be notified. This is not discretionary,” Usmeyer said at a press conference this month.
Emails show the state’s pressure campaign
The state pressure has been working so far.
Dozens of police stations are rushing to join the program across Florida, including the Fort Myers Police Department. This is a scenario in which South Miami officials refer to as an example of the kind of politically pressured city in legal complaints.
In February, the Florida Police Chiefs’ Association also began sending emails to state police chiefs, urging city officials to communicate about new state laws existing by the governor and the Republican-led legislature earlier that month, court records say.
The new law requires that all Florida sheriffs and top corrections officers register with the 287(g) prison enforcement model by April 1st. Under that program, correctional officers are trained to perform some of the functions of federal immigration agents in detention facilities.
The law, which came into effect on February 14, did not reflect on a slightly different 287(g) task force model aimed at police officers operating outside of detention facilities. When the law was enacted, the Trump administration had not yet launched that model.
“Congress had the opportunity to require local governments to enforce the 287(g) contract, if so,” the South Miami complaint states. “However, the council has chosen not to require local governments to enter into a 287(g) contract, as well as county-level agencies.”
In an email on Feb. 21, the Florida Police Chiefs’ Association told officers that all municipalities need to adopt the 287(g) task force model, the complaint said. The email noted that Larry Keefe, who was recently appointed executive director of the state Immigration Executive Committee, is seeking “participation from as many local governments as possible.”
South Miami has not yet signed a 287(g) contract. Court records show city officials say the state’s pressure campaign “put South Miami in a reasonable fear of enforcement action on the basis of a failure to approve it.”
The state claims that is not the case
The Florida Attorney General warned the city that if they do not register with the program, elected officials could face penalties, including being fined for violating the ban on officers.
His threat came after Fort Myers City Council voted 3-3 votes for participation in the program. This is a decision that was later reversed following a warning from the state.
Florida law prohibits local governments from enacting “sanctuary policies,” defined as a policy that prohibits local governments from “participating in federal immigration agencies and federal immigration projects as permitted by federal and state law.”
“South Miami argued that the defendant’s readings are not supported by plain language of the statute, and violates the explicit restrictions that Congress chose based on the 2022 definition of “sanctuary policy,” the lawsuit states.
City officials further argue that federal law makes clear that the 287(g) contract is a voluntary partnership and is not necessary for information sharing or cooperation between local law enforcement agencies and ICE.
And if the court determines that local governments need to enter into an agreement under state law, South Miami officials say DeSantis’s authority to punish them will not go as far as he says.
“The governor’s enforcement rights are more limited than the governor claims,” the complaint says.
