2012-27876 Reso RESOLUTION NO. 2012-27876
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING THE AMICI CURIAE (FRIENDS
OF THE COURT) BRIEF FILED BY THE UNITED
STATES CONFERENCE OF MAYORS, AND
NUMEROUS COUNTIES AND CITIES ACROSS THE
COUNTRY, SUPPORTING THE DECISION OF THE
UNITED STATES COURT OF APPEALS FOR THE
NINTH CIRCUIT ENJOINING THE IMPLEMENTATION
OF THE STATE OF ARIZONA'S IMMIGRATION LAW.
WHEREAS, the United States Court of Appeals for the Ninth Circuit has enjoined
the implementation of the Arizona immigration law, which, among other things,
significantly exceeds the narrow Federal law parameters under which local law
enforcement agencies may participate in federal civil immigration enforcement and
makes it a crime to be in this country illegally; and
WHEREAS, the United States Conference of Mayors supports the decision of the
Ninth Circuit and has prepared an amici curiae brief to be filed in the State of Arizona's
appeal to the United States Supreme Court; and
WHEREAS, the City of Los Angeles, and 20 other cities and counties across the
country have already agreed to join in and sign the amici curiae brief filed by the United
States Conference of Mayors; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach support
the Ninth Circuit's decision halting the implementation of the Arizona law, and indeed,
previously passed and adopted Resolution No. 2010-27399 (attached hereto as Exhibit
"A") opposing the State of Arizona's law; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach supports
and wishes to join the United States Conference of Mayors, and other cities and
counties across the nation, in their amici curiae brief and wishes to take all steps
necessary so that the City of Miami Beach may be included as an amici curiae in the
filings before the United States Supreme Court in the case of State of Arizona and
Janice K. Brewer, vs. United States, Case No.: 11-182 (the "Brewer case").
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach hereby support the amici curiae brief filed by the
United States Conference of Mayors, and numerous cities and counties across the
country, in support of the Ninth Circuit Court of Appeal's decision in the Brewer case and
hereby directs the City Attorney for the City of Miami Beach to take all necessary actions
to include the City of Miami Beach as an amici curiae in the Brewer case.
PASSED and ADOPTED this a/Vday of March, 2012.
5&-
MAYO
Matti Herrera Bower
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Robert Parcher '9,4' ......
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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
FROM: Matti Herrera Bower, Mayor
DATE: March 14, 2012
SUBJECT: Discussion Regarding Joining Amicus Brief in Arizona v. United States
Please place on the March 21, 2012 Commission meeting agenda a discussion
regarding the City of Miami Beach joining an amicus brief prepared by Santa Clara
County and supported by the U.S. Conference of Mayors regarding the immigration-
related case Arizona v. United States, which will be heard by the United States
Supreme Court this term.
In 2010, the Mayor and Commission approved a resolution condemning anti-
immigrant Arizona legislation that placed an undue burden on community policing
and immigrant integration.
I thank you in advance for your cooperation in this matter. If you have any
questions, please do not hesitate to contact Rebecca Wakefield at extension 6157.
Thank Y ou.
M H B/rw
I We ore commilk-cl to public scroce and soh;l ic•(,III who live, work,and pk4 in
Agenda Item
Date L
. . . RESOLUTION NO.I
2010-27399 �
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING ARIZONA
LAW SB _1070, AND LAWS SIMILAR TO ARIZONA LAW SB
1.070 IN-OTHER STATES, AND FURTHER ENCOURAGING THE,
UNITED STATES CONGRESS TO ENACT EFFECTIVE AND
SENSIBLE BIPARTISAN COMPREHENSIVE IMMIGRATION
REFORM.LEGISLATION.
WHEREAS, on April 24,'-2010, the Governor of Arizona signed into law SB 1070,
legislation which would:
• Make it a state crime to be in.the country illegally;
• Require immigrants to have proof of their immigration status;
On Require police officers to "make.a reasonable attempt" to determine the immigration
status of a person-if there is a "reasonable suspicion" that he or she is an illegal
immigrant, unless it would hinder or obstruct an investigation, and race, color and
national origin are not to be the only factors police officers consider;
• Allow lawsuits, against local or state government agencies, that have policies that
hinder enforcement of immigration laws;
• Target the hiring of illegal .immigrants as day laborers by prohibiting people from
stopping a vehicle on.a-road to offer employment and by prohibiting a person from
getting into a stopped vehicle on a street to be hired for work if it impedes traffic;'and
WHEREAS, SB 1070 is not scheduled to take effect until August, 2010; and
WHEREAS; SB .1070 was opposed by many mayors, police chiefs, and other local
officials in Arizona before it became law and is still opposed by these officials; and
WHEREAS, many mayors from cities across the nation, officials at state and federal
levels; leaders of national organizations, and individual citizens have expressed outrage at the
Arizona law and concern for the civil rights violations to which it will lead; and
WHEREAS; several lawsuits, including those, by some Arizona cities, have been filed
which challenge the constitutionality of SB 1070 and would enjoin it from taking effect, and
those suits are currently pending in court; and
WHEREAS, officials in several cities across the country and of national organizations
have proposed immediate economic-sanctions against Arizona because of SB 1070; and
WHEREAS, measures similar to Arizona'Law SB 1070 are now being proposed for
consideration in several other states; and .
WHEREAS, many acknowledge that it was a lack of Congressional action on
immigration reform which lead to the passage of SB 1070'i
n Arizona and may lead to similar
actions in other states; and
Exhibit "A"
WHEREAS, in 2009, the U.S. Conference of Mayors adopted immigration reform policy
which calls for quick passage of comprehensive immigration reform legislation based on five-key
principles,-all.of which were.embodied in policies previously adopted by the organization.
NOW, THEREFORE, BE . IT DULY RESOLVED BY THE :MAYOR AND CITY
COMMISSION OF THE CITY OF:MIAMI BEACH, FLORIDA, as follows:
That the Mayor'and City Commission hereby oppose Arizona Law SBA 070, and
the enactment of laws similar to Arizona Law SB 1070 in other states, and further
encouraging the United States. Congress to enact sensible and effective
bipartisan comprehensive immigration reform legislation.
PASSED and ADOPTED this . Id,A\, day.of May, 2010.
ATTEST: . .
PAY. R MATTI' RRERA BOWER
ROBERT PARCHER, CITY CLERK .
APPROVED AS TO
FOR ,LANGUAGE
&+OR' ELUTION
ITY ATTORNEY AT
F:\atto\TURN\RESOS\Opposing Arizona Law.docx